근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is as stated in the separate facts constituting the crime, except where each “suspect” is deemed as Defendant.
2. The offense of violation of the Labor Standards Act stated in the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and the offense of violation of the Labor Standards Act under Article 109(2) of the same Act is an offense falling under Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and thus, cannot be prosecuted against the express intent of each victim under the proviso of Article 44 of the same Act.
According to the records, it can be acknowledged that the injured party B withdraws his/her wish to punish the defendant on March 23, 2015, which was after the prosecution of this case.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.