The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is the representative of the CUnion located in Jinju-si, who runs the crop cultivation business using three full time workers.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and when he/she fails to give an advance notice at least thirty days, he/she shall pay the ordinary wages for not less than thirty days.

Nevertheless, the Defendant immediately dismissed 2,073,770 won equivalent to 30 days ordinary wage under the pre-announcement of dismissal as a result of monetary loss, etc. from October 20, 2017 to March 25, 2018, and did not immediately pay 2,073,770 won equivalent to 30 days ordinary wage under the pre-announcement of dismissal as a result of dismissal, for reasons of monetary loss, etc.

2. According to the witness E and F’s each legal statement and evidence Nos. 4, etc., it is acknowledged that although workers D worked as the team leader and did not have a large quantity of work, it was found that D had members work before the team leader to receive overtime work allowances, had them receive wages more than the actual working hours by manipulating the committee members’ work hours, and ordered other workers to raise an objection to the change of the team leader from the company to F, and that other workers would help the F. Thus, it cannot be deemed that there is no obligation to pay the advance payment of dismissal allowances on the ground that subparagraph 7 of attached Table 4 of the Enforcement Rule of the Labor Standards Act (Article 4 related to the Labor Standards Act), subparagraph 9 (where an employee in charge of personnel affairs, accounting and accounting manipulates the work performance of workers or prepares false documents, etc. to cause damage to the business) and subparagraph 9 (where it is deemed that there is no intention to do so, or at least that the Defendant is an intentional act in violation of the Labor Standards Act in relation to the advance payment of dismissal allowances.

Therefore, this part of the facts charged constitutes a case where there is no proof of crime.