A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, the defendant is sufficiently aware of the fact that the defendant was dismissed F and G as an employee without prior notice of dismissal and did not pay advance notice of dismissal.

Nevertheless, the court below acquitted the defendant on the violation of the Labor Standards Act due to the failure to pay advance notice of dismissal allowances for F and G among the facts charged in the instant case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of 1.5 million won) is too uneased and unreasonable.

2. Determination:

A. In light of the following circumstances acknowledged by the records of this case, the lower court determined that the Defendant was dismissed on or around January 9, 2015, and determined that the Defendant’s statement alone was insufficient to recognize that the Defendant was dismissed without prior notice of dismissal on or around January 9, 2015. In so doing, the lower court acquitted the Defendant on the failure to pay advance notice of dismissal for F.

① On January 2, 2015, F told the Defendant that “personally fit body and begins funeral services.” As such, F would work until February 14, 2015 and would only start. In advance, F said, “a person would injure another person.”

F) As above, the Defendant seems to have provided approximately 10 hours per month with an employee replacing him/her and expressed his/her intention that he/she cannot work at the Defendant’s business after February 14, 2015 if not, it is inevitable.

The F’s expression of intent as such includes the intention that it may be done even before February 14, 2015, in a case where the Defendant seeks a substitute for himself/herself prior to February 14, 2015 in light of industry practice and empirical rule.

(2) The F shall be the defendant.