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(영문) 전주지방법원 2016.04.14 2015고단2016
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as shown in the separate sheet of the facts charged (Provided, That the “suspect” is replaced by the “Defendant”; 2. The facts charged in the instant case are crimes falling under Articles 109(1) and 43 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

However, according to the evidence duly adopted and examined by this court, it is recognized that C (the first overdue payment of the above wages was at issue and the victim filed a complaint with the labor supervisor on behalf of the victim) delegated his/her authority from the victims indicated in the attached list of crimes, expressed his/her intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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