A. Fact-misunderstanding, misunderstanding of legal principles, E’s working period at the Defendant’s workplace is less than one year, and the Defendant notified the above E of his dismissal by text message.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged, although the defendant did not have a duty to pay retirement benefits and advance notice of dismissal benefits to the above E, is erroneous in the misapprehension of legal principles, which affected the conclusion

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination of misunderstanding of facts or misapprehension of legal principles

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court found the Defendant guilty on the ground that the Defendant did not pay the retirement benefit to E to the working person within 14 days from the date of retirement, and that the advance notice of dismissal corresponding to the 30-day ordinary wage was not immediately paid on the date of dismissal.

According to the “E Work and Absence Date” that the Defendant’s work hours for G employee’s commuting to and from work was written as a computer, it is written that E worked on April 8, 2014 and retired from 18:00, and he worked on April 7, 2015 and retired from work on April 7, 2015.

Witness

E also, from the investigation stage to the court of the court below, consistently worked on April 8, 2014 and April 7, 2015.

statement is made.

Defendant

E voluntarily worked until April 6, 2015.

The wage was paid by asserting that he/she had worked until April 10, 2015.

argument is asserted.

In light of the above circumstances, E worked for one year from April 8, 2014 to April 7, 2015.

It is reasonable to view it.

When an employer intends to dismiss a worker under the Labor Standards Act, he/she shall notify the grounds and time of dismissal in writing.

E shall be dismissed verbally.