(However, the facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the said employee expressed his/her wish not to punish the Defendant after the institution of the instant case, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.