근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in this case is as shown in the separate facts charged, except for replacing “suspects” to “defendants”.
2. The determination is based on the following facts: (a) an offense falling under Articles 109(1) and 36 of the Labor Standards Act; and (b) Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the express will of each victim pursuant to Article 109(2) of the Labor Standards Act; and (c) proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act; and (d) records reveal that the victimized employee B expressed his/her wish not to punish the Defendant on April 7, 2015, which was the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.