Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a manager of C office located in Suwon-gu, Suwon-si B.

Article 26 of the Labor Standards Act applies to a workplace which ordinarily employs not more than four workers (see Article 11(2) of the Labor Standards Act, Article 7 of the Enforcement Decree of the Labor Standards Act), and the defendant withdraws his claim that the provision on pre-determination of dismissal does not apply to a workplace which employs not more than five full-time workers, on the fourth trial date, so the charges shall be revised accordingly to the extent that does not interfere with the defendant

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant immediately dismissed D who worked as a sales employee on January 29, 2018 at the above workplace and immediately paid KRW 1,869,158 equivalent to the ordinary wage for 30 days under the pre-announcement of dismissal as the result of dismissal on February 6, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Protocol of D and E substitute quality;

1. The defendant and his defense counsel asserted that the provision on pre-determination of dismissal does not apply inasmuch as D was an employee during the probation period.

However, according to the above evidence, it is recognized that D reported F Job Offer Advertisement around January 29, 2018 and visited the Defendant’s children E and interview, and thereafter agreed to work on the same condition as the content of the job offer advertisement, and E had a talk that “E will make a team leader report to comply with D for three months” at the time of the interview.

According to the above facts, the defendant is judged to have urged D to work in good faith while entering into a fixed employment contract with D, and it cannot be viewed as a worker who was in the period of probation.

Defendant

The assertion of defense counsel.