A. In fact-finding defendant could not continue the operation of the "D company" as a result of management deterioration at the time of dismissal of E, F, and Ma, and because E and F intentionally interfered with, or caused property damage to, the defendant's business by helping the defendant operate the G management "I company", which is the same kind of company, while in office, to leave his/her position, by helping him/her operate the G management "I company", and therefore, there exists a reason for exception under the proviso of Article 26 of the Labor Standards Act, which can be dismissed without paying more than 30 days' ordinary wages for the E and F 30 days prior to the dismissal, i.e., where it is impossible to continue the business due to unavoidable reasons, and where the worker intentionally interferes with the business or causes property damage, there is a reason under subparagraphs 3

Even if there is no such exception as above, the Defendant issued an advance notice of dismissal by saying, “I would like to find a job at which I would not pay monthly pay and would be able to receive more money in the course of the interview at the request of a superior position on January 20, 2012, 30 days prior to the dismissal of the Defendant,” and asked FF to work by the last day of February 2012, but F would retire on February 22, 2012. < Amended by Presidential Decree No. 23590, Feb. 22, 2012>

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances recognized by the court below are as follows: ① where it is impossible to continue the business due to unavoidable reasons among the exceptional reasons stipulated in the proviso of Article 26 of the Labor Standards Act means the reasons for the operation of the workplace and the reasons for which it is inevitable to the employer. It cannot be deemed that the Defendant’s allegation of management deterioration and the rasction of rascis are included therein.