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(영문) 창원지방법원 마산지원 2018.08.09 2018고정140
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The facts charged of this case are as shown in the attached Form, and each of the crimes according to the facts charged are crimes falling under Articles 109 (1) and 36 of the Labor Standards Act, and the crimes cannot be prosecuted against the victim's explicit intent pursuant to Article 109 (2) of the same Act.

According to the contents of each written withdrawal (Complaint) bound in the trial records, all the victims stated in the above facts charged can be acknowledged on July 12, 2018, which was after the prosecution of this case was instituted, that they expressed their intention not to have a punishment against the defendant or withdrawn their wish to have a punishment against the defendant.

Thus, this case constitutes a case which cannot be prosecuted against the victim's clearly expressed intention, or a case where the victim's expression of wish to punish is withdrawn, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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