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(영문) 서울북부지방법원 2017.12.07 2017고정1054
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is as stated in the separate sheet of the facts charged (Provided, That the part indicated as “suspect” among the facts charged in the separate sheet shall be corrected to be “Defendant”). 2. The judgment is a crime falling under Article 44 subparag. 1 or 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act.

In this regard, according to the written agreement bound in the trial records, the victim has withdrawn his/her wish to punish the defendant on October 24, 2017, which was after the prosecution of this case.

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

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