2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Defendant is a person running a general trucking transport business under the trade name of “C”.

On November 28, 2015, the Plaintiff entered into an employment contract with the Defendant and started work as a transportation engineer.

B. On December 30, 2015, the Defendant dismissed the Plaintiff.

The defendant did not give notice of dismissal to the plaintiff 30 days prior to the above dismissal.

C. The Plaintiff’s ordinary wage of 30 days is KRW 3 million.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, pursuant to Article 26 of the Labor Standards Act, the Defendant is obligated to pay to the Plaintiff an advance notice of dismissal allowance of KRW 3 million and damages for delay calculated at the rate of 20% per annum from January 14, 2016 to the date of full payment, which is the day following the lapse of 14 days from December 30, 2015, which is the date of dismissal of this case, pursuant to Article 26 of the Labor Standards Act, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's argument that the defendant dismissed the plaintiff constitutes an exception to the pre-announcement of dismissal under the proviso of Article 26 of the Labor Standards Act and the attached Table of Article 4 of the Enforcement Rule of the Labor Standards Act, and thus, the defendant does not bear the obligation to pay

In other words, the plaintiff was employed by falsely entering his career in the resume, disseminated false facts even after the work period, and submitted a simple letter of personal history which was not submitted.

(Article 4 subparag. 4 of the Enforcement Rule of the Labor Standards Act). The Plaintiff did not return the Defendant’s delivery invoice and the key to the vehicle after retirement.

(No. 6 of the above attached Table). The Plaintiff paid fuel expenses and various expenses excessively.

(No. 8 of the above attached Table 8). The plaintiff caused damage to the customer due to failure to comply with the dispatch instruction, caused an accident due to failure to drive, made a false response to the work instruction and inquiry, such as false report on the transportation invoice, failed to comply with the direction, and neglected to work.

Table above.