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(영문) 인천지방법원 부천지원 2020.07.21 2020고정328
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts constituting the crime of this case are as shown in the indictment.

(Provided, That the suspect is the defendant)

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, the victim may recognize the fact that he expressed his intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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