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(영문) 광주지방법원 2015.04.09 2015고정78
근로기준법위반
Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the facts charged in this case is as stated in the separate facts charged except for replacing “suspect” to “Defendant”.

2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, all damaged workers can be aware of the fact that they expressed their intent not to punish the Defendants after the prosecution of this case was instituted. Thus, the prosecution of this case against the Defendants is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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