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(영문) 대구지방법원 경주지원 2014.09.16 2014고단478
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The facts charged of this case are as indicated in the separate facts charged. This is a crime falling 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 cannot be prosecuted against the victim’s express 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 According to the “the letter of withdrawal of complaint” attached to the trial records of this case, the victims have withdrawn their wish to revoke their complaint against each of the Defendant after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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