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(영문) 서울서부지방법원 2015.03.31 2015고단425
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The appearance of “suspects” in the facts charged is as stated in the separate facts constituting the crime.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Expression of intention not to punish: Each written application for non-prosecution of punishment submitted on December 15, 2014, and February 26, 2015, which was filed after the instant indictment was instituted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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