logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.04.27 2014고정802
근로기준법위반등
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 where each “suspect” is deemed as Defendant.

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 36 of the Labor Standards Act, and the offense of violation of the Labor Standards Act under Article 109(2) of the same Act is an offense falling under Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and thus, cannot be prosecuted against the express intent of each victim under the proviso of Article 44 of the same Act.

According to B’s written application for non-prosecution of punishment bound in the records, the fact that the victimized person B withdraws his/her wish to punish the Defendant on April 1, 2016, which was after the prosecution of this case.

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.

arrow