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(영문) 수원지방법원 2014.07.22 2014고단2993
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. As stated in the [Attachment of the instant facts charged]

(However, the facts of violation of the Labor Standards Act among the facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The violation of the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the same Act. According to each written withdrawal of each complaint filed in the records and each written agreement, it can be acknowledged that the victim expressed his/her intention not to be punished after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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