The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant misunderstanding the fact he operated;

Since the company comprehensively transferred the above business entity to H due to the business difficulties of D Co., Ltd., the defendant was forced to be unable to pay the pre-employment allowance to workers, and the defendant also provided workers with an opportunity to succeed to employment.

However, the lower court erred by misapprehending the legal doctrine that found all of the facts charged in the instant case guilty.

B. The sentence sentenced by the lower court against the Defendant (2 million won in penalty) is too unreasonable.

2. Determination

A. According to Article 26 of the Labor Standards Act regarding the assertion of mistake of facts, where an employer intends to dismiss (including dismissal for managerial reasons) a worker, 30 days’ advance notice shall be given at least, and where the worker has not given such advance notice 30 days’ ordinary wages shall be paid, unless the worker intentionally interferes with the business or causes property damage, such as natural disasters, accidents, or other unavoidable circumstances.

In this case, the transfer of business due to management difficulties, such as cumulative business losses, by the defendant's company, does not constitute an exception to the payment of the above pre-employment allowance.

(2) The employer has provided workers with the opportunity to succeed to employment.

Even if the acquiring company, which is required to conduct the same kind of business, has succeeded to the comprehensive succession of human resources beyond the employment level of the worker as a practical necessity.

There is no circumstance to find out the situation (the quality, work ability, work attitude, etc. of workers employed by Defendant India Co., Ltd. in the business body of Defendant’s operation).