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(영문) 서울중앙지방법원 2013.05.28 2012고단6836
근로기준법위반등
Text

Each public prosecution against the Defendants 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 each complaint received by C, D, and E on May 14, 2013 in this Court, the victims can be acknowledged on May 14, 2013, which was after the institution of the instant indictment, as the case may be.

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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