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(영문) 서울중앙지방법원 2013.05.28 2013고단639
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is as shown in the annexed sheet of criminal facts.

2. The case is one of the crimes under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which are not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the letter of withdrawal of a complaint received by this court on January 28, 2013, B can be acknowledged on January 28, 2013, which was after the institution of the instant indictment, that the defendant has withdrawn his/her wish to punish.

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

It is so decided as per Disposition for the above reasons.

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