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(영문) 춘천지방법원 원주지원 2018.02.13 2017고단939
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is as shown in the annexed sheet;

2. Each of the facts charged of this case is an offense falling 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. 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, a public prosecution cannot be instituted against the victim’s explicit intent. According to the records, the victims’ expressed their intent not to punish the Defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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