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(영문) 창원지방법원 마산지원 2018.04.24 2017고단866
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The facts charged of this case are as listed in the attached Form.

In addition, the crime according to the facts charged is a crime falling under Articles 109 (1) and 36 of the Labor Standards Act, and the crime cannot be prosecuted against the victim's explicit intent pursuant to Article 109 (2) of the same Act.

In doing so, upon examining each agreement in the name of C, D, E, and F bound in the trial records, all victims stated in the facts charged of the instant case can be acknowledged on February 13, 2018, which was after the prosecution of the instant case was instituted.

Ultimately, this case is a case where the injured party expressed his wish not to punish the injured party for a case which cannot be prosecuted against the clearly expressed intention of the injured party.

Accordingly, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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