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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, as the C representative in Gyeonggi-do, is an employer who runs a comprehensive automobile repair business with six full-time workers.
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 June 7, 2016, Defendant D, who entered the same workplace and carried out painting duties, was immediately dismissed at the workplace on April 27, 2017 without prior notice, and was not immediately paid KRW 3,500,000 equivalent to the amount of ordinary wages for 30 days in advance of dismissal with the advance notice payment at the workplace on April 27, 2017.
2. According to the statement of D and the notice of dismissal notice, the notice of dismissal issued on April 27, 2017 by E, the head of the factory of the defendant's workplace, shall be notified under Article 27-2 of the Labor Standards Act that D would be dismissed as part of April 27, 2017.
Article 27-2 of the Labor Standards Act provides that dismissal must be notified in writing. Thus, the meaning of the notice of dismissal is likely to be understood to mean that the Defendant immediately removes D on April 27, 2017, since Article 27-2 of the Labor Standards Act does not exist and Article 27-2 of the Labor Standards Act provides that dismissal must be notified in writing.
However, the following circumstances acknowledged by the records of this case, namely, when dismissing D, the Defendant prepared and sent a notice of dismissal by finding the form at the Internet site (business pumps), and the “On April 27, 2017” stated in the notice of dismissal does not mean the date of dismissal, but can be interpreted as the date of notification of dismissal. D, not just hear and immediately leave the notice of dismissal, was discharged from work until the working hours on the same day, and then left the office of the Defendant, and the Defendant left D around May 3, 2017.