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(영문) 전주지방법원 2016.03.16 2015고정1113
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 defendant presents "suspect" as "defendant."

Since all charges are recognized, Article 4 of the established rules on the appropriateness of the method of preparing written judgments (re-type 2014-1) shall apply.

2. The offense of violation of the Labor Standards Act stated in the facts charged in the instant case is an offense falling under Articles 109(1) and 43 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

On March 16, 2016, the day after the prosecution of this case, the injured workers had withdrawn their wish to punish the Defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

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