The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) the Defendant notified workers E of the final dismissal of the dismissal on February 2, 2012, and the dialogue between E and E on February 2, 2012 only suggested the conditions and requests the possibility of the withdrawal of the dismissal, and the Defendant does not withdraw the dismissal.

Therefore, the lower court determined that the Defendant did not give a final notice of dismissal at the end of February 2012, 2012, which erred by misapprehending the facts or by misapprehending the legal doctrine on the Labor Standards Act, thereby affecting the conclusion of the judgment

2. The purport of Article 26 of the Labor Standards Act stipulating that an employer shall give an advance notice of dismissal at least 30 days in cases of dismissal of an employee, and that an employer shall pay not less than 30 days’ ordinary wages in cases of dismissal, is to give an employee a time or economic surplus to seek a new workplace in preparation for dismissal. Thus, the employer’s advance notice of dismissal should be given in a way that the employee can identify when and when dismissal is made.

(see, e.g., Supreme Court Decision 2009Do1383, Apr. 15, 2010). Therefore, if an employee given time to verify the employee’s ability to work by a certain time in the process of expressing the employer’s intention of dismissal, the employee does not endeavor to seek a new workplace in which the employee would not endeavor to display the employee’s ability to work until that time, and thus, it cannot be deemed that the employee was notified of dismissal in a way that enables the employee to know at any time.

According to the evidence duly admitted by the court below, the defendant, at the end of February 2012, stated, "it is difficult for the defendant to continue to work due to the difficulties of the company" to E, but upon receiving a request from E to change the period to display his ability, the defendant should be arranged to E by reporting to the maximum extent possible during a month."