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(영문) 광주지방법원 2016.03.31 2015고정1930
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as stated in the separate facts constituting the crime except that the defendant presents "a suspect" as "a defendant."

2. The judgment is based on the following facts: (a) Articles 109(1) and 36 of the Labor Standards Act; (b) Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act cannot be prosecuted against each victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; and (c) proviso of Article 44 of the Workers’ Retirement Benefit Security Act; (d) the records reveal the fact that the victimized employee expressed his/her wish not to punish the Defendant after the instant indictment was instituted; and (e) the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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