The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the Defendant, while dismissing the worker C of the representative meeting of the apartment occupant B who was his/her representative, did not give notice of dismissal or pay not less than 30 days ordinary wages.

However, C is not obliged to pay the pre-employment allowance to C in accordance with the proviso of Article 26 of the Labor Standards Act and Article 4, subparagraph 7 or 9 of the Enforcement Rule of the same Act, because C has caused a loss to the project by preparing false documents while working as an employee in charge of the accounting of the tenant representative meeting, or caused a huge impediment to the project intentionally in light of social norms or property damage.

However, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of legal principles as to the mistake of facts and the existence of the duty to pay advance dismissal allowance.

2. The summary of the facts charged in the instant case is the representative of the B apartment occupants’ representative meeting, who ordinarily employs seven workers and operates a building management business. On July 2, 2014, the Defendant notified C of his/her employment on July 22, 2013 to work only until July 7, 2014, and did not pay KRW 1,900,000 equivalent to the ordinary wage for 30 days in advance of dismissal with the advance payment for dismissal.

3. In full view of the evidence duly admitted and examined by the lower court, the following facts are recognized.

C was in charge of accounting affairs while serving as the management director of the tenant representative meeting, and around May 2014, the Gwangju District Public Prosecutor's Office was suspended from indictment on November 25, 2014 on the charge of forging the application for extension of employment for the elderly under the name of the defendant who is the representative of the tenant representative meeting.

The head of Gwangju Regional Labor Administration shall order the resident representative council to return the subsidy of KRW 3,600,000 paid for extension of employment of senior citizens, which was unfairly paid due to the aforementioned act by C, as well as from September 2, 2014 to September 1, 2015.