1. All of the plaintiff's claims are dismissed.

2. One-third of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Facts of recognition

The defendant is the council of occupants' representatives comprised of B apartment occupants, and the plaintiff entered into an employment contract with the defendant on December 30, 2016 (hereinafter "the labor contract in this case") and worked as the head of the management office of the above apartment (hereinafter "the management office in this case") from December 31, 2016 to December 31, 2016.

On August 23, 2017, the Defendant notified the Plaintiff that the Plaintiff was dismissed as of August 23, 2017 on the ground that “the Defendant rejected the Defendant’s self-audit request and corrective order.”

(hereinafter “instant dismissal”). The instant management office has worked for a total of three persons, including the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole argument as to the plaintiff's dismissal of this case is null and void since there are no justifiable grounds under Article 23 of the Labor Standards Act, and the defendant is liable to pay the plaintiff wages not paid due to dismissal.

Even if the dismissal of this case is valid, the defendant is obligated to pay the plaintiff a 30-day advance notice of dismissal allowance pursuant to Article 26 of the Labor Standards Act.

Judgment

With respect to the primary claim, the Labor Standards Act shall apply to any business or workplace that employs not less than five workers (Article 11(1)), and with respect to any business or workplace that employs not more than four workers, some of the provisions of the Labor Standards Act may apply as prescribed by Presidential Decree.

(Article 11(2) of the Enforcement Decree of the Labor Standards Act (Article 7 [Attachment 1] excludes the application of Article 23(1) of the Labor Standards Act and Article 27 of the Enforcement Decree of the Labor Standards Act, which provides a written notification of reasons for dismissal, etc., with respect to a business or workplace that employs not more than four full-time workers, as such, the termination of the employment contract concluded between the employer and the worker.