Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is an employer who runs a manufacturing business with two full-time workers under the trade name of “C” in Busan High-gu, Busan High-gu.
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, on November 30, 2016, the Defendant did not pay 1,800,000 won or more, which is ordinary wages of 30 days, while dismissing workers D without prior notice at the above workplace.
2. According to the records of this case, it is recognized that employee D was employed as 60,000 won per day on November 10, 2016 on “C” managed by the Defendant, and was dismissed on November 30, 2016. D constitutes a worker to whom Article 26 of the Labor Standards Act concerning advance notice of dismissal is not applicable as of November 30, 2016, when dismissal was made.
3. In conclusion, since the facts charged in this case against the defendant constitute a case where there is no proof of crime, it is decided as per Disposition by the assent of all participating Justices on the bench under Article 325 of the Criminal Procedure Act and the summary of the judgment against the defendant under Article 58 (2) of the Criminal Act.