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(영문) 서울서부지방법원 2016.04.20 2016고단272
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Judgment and conclusion are as follows: (a) the summary of the facts charged is as shown in the separate sheet of the facts charged (Provided, That the accused is the defendant).

A. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the express will of the victim of the person working under Article 109(2) of the same Act.

B. The record reveals that the victim B, C, D, and E expressed his/her wish not to punish the Defendant on January 4, 2016, which was after the prosecution of this case was instituted by the employer.

(c)

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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