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(영문) 창원지방법원 마산지원 2018.11.20 2018고단799
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The facts charged in the instant case are as shown in the attached Form (Provided, That “suspects” shall be deemed to be “defendants”; each of the crimes charged is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017), and the charges cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.

In doing so, according to the contents of the written agreement bound in the trial records, the victim B and C, who entered in the above facts charged, expressed their intent to not want punishment against the defendant on October 26, 2018, which was after the institution of the prosecution of this case.

Thus, this case is only when the victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the victim's clearly expressed intention or the victim withdraws his/her wish to punish the case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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