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(영문) 광주지방법원 2016.05.12 2016고정30
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as stated in the separate facts constituting the crime except that the suspect A and the suspect B, respectively, are referred to as "the defendant".

2. The judgment below is the crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. The records reveal that the victimized worker expressed his/her wish not to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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