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(영문) 창원지방법원 2016.06.16 2016고정333
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 (Provided, That the accused is the defendant). The judgment is based on Article 109(1) and Article 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 express will of the victim under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Thus, according to the records, the facts can be revealed that the victimized employee C and D expressed their wish not to punish the accused 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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