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(영문) 서울서부지방법원 2016.04.14 2015고정1747
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged are as shown in the indictment;

(Provided, That this provision shall not apply to a person against whom such person is accused

2. The grounds for dismissing the public prosecution of this case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the will expressed by the victim under Article 109(2) of the same Act.

According to the records, each court's non-written withdrawal of complaint and non-written withdrawal that the victimized worker does not want punishment for the defendant after receiving the overdue wages after the prosecution of this case can be acknowledged.

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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