Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is as shown in attached Form 1;
2. Determination is an offense falling 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, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the respective Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the statement of the written application for non-prosecution of punishment bound in the trial records of this case, the fact that victimized workers B and C have withdrawn their wish to punish the defendant on May 15, 2019, after the prosecution of this case was instituted.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.