1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The fact that the Plaintiff provided labor to the Defendant from April 30, 2014 to February 26, 2015, the fact that the Plaintiff was not paid KRW 2,500,000 as wages of February 2, 2015, and KRW 130,040 as annual refund from the Defendant in February 2015 does not conflict between the parties, and that the Plaintiff did not pay KRW 2,50,000 as ordinary wages of 30 days when the Plaintiff dismissed the Plaintiff without notice on February 26, 2015, in full view of the purport of the pleadings as indicated in the evidence Nos. 1, 2, and 4.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of unpaid wages and annual settlement refund and the amount of KRW 5,130,040 (=2,500,000 KRW 130,500,000) for delay damages calculated at the rate of 20% per annum under Article 17(1) of the Labor Standards Act from March 13, 2015 to the date of full payment, which is the day following the expiration of 14 days from the date of occurrence of the cause for payment of wages, to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant dismissed the Plaintiff on the ground that: (a) the Plaintiff committed sexual harassment and sexual harassment against female employees at the Defendant’s workplace; (b) embezzled sales payments without the Defendant’s permission; (c) forged a written confirmation of payment of subsidies for social insurance workers in the name of the Plaintiff; (iv) stolen business data from 2010 to 2014 to bring them to a competitor; and (v) such ground for dismissal constitutes an exception to prior notice of dismissal prescribed in the proviso to Article 26 of the Labor Standards Act; and Article 4 of the Enforcement Rule of the Labor Standards Act, the Plaintiff did not have the obligation to pay KRW 2,500,000 to the Defendant.

On the other hand, among the grounds for dismissal asserted by the defendant, the above grounds are the causes for the workers who are the exception of pre-determination of dismissal as stipulated in the attached Table of Article 4 of the Enforcement Rule of the Labor Standards Act.