(Provided, the defendant is the defendant). 2. Judgment of the second. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which 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 it is apparent that the above worker expressed his wish not to punish the defendant after the institution of the prosecution of this case, all of the prosecution of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.