The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is an employer who operates a general restaurant with seven full-time workers under the trade name of “D” in Busan Jin-gu C.

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, the Defendant did not pay 610,038 won or more, which is the 30-day ordinary wage, when dismissing workers E, with no time limit of 30 days or more at the same workplace around November 8, 2016.

2. According to Article 35 of the Labor Standards Act, Article 26 (Advanced Notice of Dismissal) of the Labor Standards Act does not apply to “worker employed on probation”. However, according to the witness F’s testimony, it can be acknowledged that E was a worker employed on probation at the time of the instant dismissal.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly notified under Article 58(2) of the Criminal Act.