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(영문) 창원지방법원 통영지원 2016.04.19 2016고단240
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged are as stated in the separate facts constituting a crime, except for the alteration of “suspect” to “Defendant”.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Expression of intention not to punish: A statement of withdrawal of complaint submitted on March 4, 2016, which was after the institution of public prosecution of this case.

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.

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