Defendant

Prosecutor

Western Changwon

Daegu District Court Decision 2008 High Court Decision 3363 Decided August 26, 2009

The prosecutor's appeal is dismissed.

1. The gist of grounds for appeal (not guilty part);

In full view of all the circumstances, it is reasonable to view that Nonindicted Party 1 could not expect that Nonindicted Party 1 will continue to work at the ○○ Daegu Branch until the agreement on the working conditions, etc. with Nonindicted Party 1 and the head office was reached, despite the fact that Nonindicted Party 1 could not expect that he would be dismissed at any time. However, the lower court’s judgment that found this part of the facts charged was acquitted

2. Determination

A. The summary of this part of the facts charged is that “an employer shall give an advance notice of dismissal at least 30 days before dismissal, and if an employer did not give an advance notice of dismissal at least 30 days, the Defendant did not pay 4,353,600 won corresponding to the amount of ordinary wages for 30 days when dismissing Nonindicted 1 without giving an advance notice of February 14, 2008.”

B. According to each of the evidence of this case, the lower court determined that ① Nonindicted 1 was to work at ○○○○ upon the recommendation of Nonindicted 3, the representative director of ○○○○, and that Nonindicted 2 was to work for the head of ○○ Daegu Branch from December 206 to December 3, 200, ② Nonindicted 3 and Nonindicted 1 were to start consultation on the fact that Nonindicted 1 was to work for the head office of ○○ Daegu Branch from September 207 and was to start work for the head office of ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○.

C. Examining the above fact-finding and judgment of the court below in detail with the evidence duly adopted and examined, it is just to determine that this part of the facts charged is not guilty on the basis of the reasons stated above, and it does not seem to have any error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

3. Conclusion

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Sung (Presiding Judge)