All appeals filed by the defendant and prosecutor are dismissed.

The summary of the grounds for appeal is only the representative director under the name of the Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) and is not the actual employer.

The actual user is the omission of the defendant.

Defendant did not dismiss workers D.

The labor contract was terminated by agreement with the above worker, or the above worker voluntarily resigned.

Even if the above worker was dismissed, the above worker is not obligated to pay the pre-employment allowance to the above worker because it constitutes an exception under the proviso of Article 26 of the former Labor Standards Act and Article 4 [Attachment Table]9 of the Enforcement Rule of the Labor Standards Act, i.e., where the worker intentionally interferes with the business or causes damage

The punishment of the court below on the grounds of unfair sentencing (the suspension of sentence (the fine of KRW 300,00) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

In full view of the following facts and circumstances acknowledged by the evidence duly examined by the lower court as to the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine, it can be sufficiently recognized that the Defendant was a representative of C at the time of the dismissal of the employee D, as the employer

The defendant was registered as the representative director of C around November, 2017, before the worker D begins work.

At the time of the above worker's work, the defendant issued C instructions concerning the above worker while taking full charge of guarantee insurance business.

It is also the defendant who dismissed the above worker.

Defendant also stated that he was actually operating C at the time of the investigation by the labor inspector.

38 pages of evidence records 38. The defendant's misperception E establishes C, interview the above worker, and the defendant was involved in the operation of C, such as discussion about the dismissal of the above worker after dismissal.

However, the above circumstances are ① to ③ paragraphs.