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(영문) 인천지방법원 부천지원 2020.05.19 2020고단843
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. As shown in the list of crimes attached to the facts charged of this case

(Provided, however, the facts charged in the instant case are those falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and thus, cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, the victim may recognize the fact that he expressed his intention not to be punished against 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.

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