The defendant shall be innocent.

1. The gist of the facts charged is that the Defendant is the representative of the Gwangju Northern-gu B and the C cafeteria located in the 1st floor, who ordinarily employs five workers and operates food service business.

When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Provided, That this shall not apply where it is impossible to continue the business due to natural disasters, accidents, or other unavoidable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under the grounds prescribed by Ordinance of the Ministry of Labor.

Nevertheless, the Defendant did not immediately pay the amount of KRW 2,408,880 for the part of ordinary wages of 30 days, while dismissing D as of October 23, 2019 from the above workplace without notice on February 29, 2020, the Defendant did not pay the amount of KRW 2,408,880 for the part of ordinary wages on the date of dismissal.

2. As to the facts charged in this case, the Defendant asserts that he did not have the obligation to pay the pre-employment allowance, since the worker D committed an act falling under the proviso of Article 26 of the Labor Standards Act.

According to the records, the defendant theftd D from the restaurant of this case with kimchi, etc. over several times.

A complaint was filed with the police, and the police acknowledged that the above suspected facts were forwarded to the prosecutor's office on October 2020. D received a summary order of KRW 1 million as a result of larceny (Seoul District Court Decision 2020, 9501), and the above summary order became final and conclusive in this court.

Article 26 of the Labor Standards Act shall, when an employer intends to dismiss a worker (including dismissal due to managerial reasons), give the worker an advance notice at least 30 days prior to the dismissal, and if the employer fails to give the advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days.