However, the crime of violation of the Labor Standards Act among the facts charged against the Defendant in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and the crime of violation of the Labor Standards Act under Article 109(2) of the same Act is an offense falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits of Workers, 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According to the records, all workers of the damaged person have withdrawn their wish to punish the defendant on March 29, 2016, which was after the prosecution of this case.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.