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(영문) 인천지방법원 부천지원 2020.01.17 2019고정891

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. As stated in the facts charged of this case

(Provided, That the facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019), and thus, a public prosecution may not be instituted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records of this case, the victims may recognize the fact that they expressed their intention not to be punished for the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act and it is so decided as per Disposition.