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(영문) 창원지방법원 마산지원 2014.09.16 2014고단657
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The grounds for dismissing the public prosecution as stated in the attached Form of the Public Prosecutor’s Office are as follows: (a) the facts charged in the instant case fall under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act; and (b) the case cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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