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(영문) 대구지방법원경주지원 2020.09.17 2020고정153
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as shown in attached Form 1;

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the facts charged in the instant case are acknowledged that the victim’s employee expressed his/her intent not to be punished against the Defendant after the instant indictment was instituted, all of the instant indictments in accordance with Article 327 subparag.

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