The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

In this case.

Article 110 subparagraph 1 and Article 26 of the Labor Standards Act do not stipulate when and when time the advance notice of dismissal should be paid. Therefore, the advance notice of dismissal should be paid within 30 days from the date of dismissal.

The court below's finding the Defendant guilty of the facts charged of this case by interpreting that advance notice of dismissal should be immediately paid, is against the principle of no punishment without law, by analogical interpretation or expanded interpretation.

In the interpretation of the provisions on retirement benefits and the provisions on pre-determination of duties of an incorporated association C (hereinafter referred to as the “ Incorporated Association”) the pre-determination of dismissal allowance is the C Deputy Director in accordance with the payment of retirement benefits.

In addition, the C Research Support Office is the actor on the payment of the pre-employment allowance in this case.

On April 29, 2019, the day before the dismissal of workers D by disciplinary dismissal, the Defendant instructed the head of the research support office to take measures in accordance with relevant statutes and internal regulations, and did not receive any report from the head of the research support office on the payment of the pre-determination allowance of dismissal. Therefore, there was no intention to pay the pre-determination allowance of dismissal.

The punishment sentenced by the court below of unfair sentencing (200,000 won suspended sentence) is too unreasonable.

Judgment

For the following reasons, the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is without merit. The main text of Article 26 of the Labor Standards Act of the time limit for the payment of advance notice of dismissal allowance provides that “In case of dismissal (including dismissal due to managerial reasons), an employer shall give an advance notice at least 30 days prior to the dismissal, and if an employer fails to give an advance notice at least 30 days prior to the dismissal, the employer shall pay

If an employer dismisses a worker from office, the worker would be threatened with life until another worker obtains his/her own workplace, so he/she can have at least an opportunity to seek another worker.