The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant: (a) was engaged in food sales business by ordinarily employing one employee in the restaurant located in the Dong-gu in Gwangju-gu, Gwangju; (b) from December 26, 2015 to March 25, 2016, the Defendant did not immediately pay KRW 1,447,200 equivalent to the ordinary wages of 30 days to E on the date of dismissal, on the ground that “from March 25, 2016, a woman who initially worked has been employed in the restaurant.”

2. Article 26 of the Labor Standards Act provides that an employer shall give an advance notice at least 30 days in the case of dismissal of an employee, and that an employer shall provide an employee with at least 30 days’ ordinary wages in the case of failure to give an advance notice 30 days’ ordinary wages in preparation for dismissal (see Supreme Court Decision 2009Do13833, Apr. 15, 2010). In light of such legislative intent, the employer’s method of giving an advance notice of dismissal to an employee is not limited to giving a notice specifying the scheduled date of dismissal, and it should also be permitted to provide sufficient information to predict when dismissal is to be done from the standpoint of the employee, while notifying that the employee will be dismissed in the future.

According to the evidence duly adopted and examined by this court, the defendant, as a Chinese national Korean national Korean around December 25, 2015, worked in the above restaurant week for three years.

The introduction of F also, as a Chinese national Korean national Korean, has employed E who is F and trended and had him/her work in the week of the above restaurant, E discontinues his/her above restaurant service in the wind that F should depart from China due to the visa problem, and E was aware that the visa problem would have been re-entry the Republic of Korea for employment as resolved, E remains in the house of his/her father before he/she works for the above restaurant, and F remains in the house of his/her father before he/she works for the above restaurant.