근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in this case is as stated in the separate facts charged except for replacing “suspect” to “Defendant”.
2. We examine the judgment. The crime falls 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. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, each victim’s express will may not be prosecuted. According to the records, the victimized worker can be found to have expressed his/her wish not to punish the Defendant on April 13, 2015, which is the date the instant prosecution was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.