The defendant shall be innocent.

1. The Defendant is an actual operator of C in Gunsan-si, who ordinarily employs 11 workers and operates a vessel processing business.

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 20 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, on October 14, 2017, the defendant was dismissed immediately in the workplace without prior notice in November 23, 2011 of the same year and did not immediately pay 4,200,000 won of ordinary wages for 30 days in advance notice of dismissal in the workplace.

2. Determination

A. The Defendant, since the investigative agency, employed D as a daily worker and employed him as a business worker from the date of this court until this court. However, the Defendant asserted that D did not have an obligation to pay advance payment of dismissal allowances since D continued three months of employment. The key issue of this case is whether the Defendant was employed as a daily worker of D.

B. Article 35 of the Labor Standards Act excludes an exception to the pre-employment system, and excludes a worker who has been employed for three months or longer as a worker, etc. from the application of the provision related to the pre-employment. However, as the original purpose of the pre-employment notification system is to unilaterally identify new jobs and give an employee who has unilaterally lost his/her job opportunities to take countermeasures, such as finding out his/her new jobs, the possibility of expectation about the continuity of the labor relationship in light of the period of the labor contract or the content of the labor contract, etc., and to allow the worker to take the temporary nature of the labor relationship.

In other words, the Constitutional Court Decision 2014Hun-Ba3 Decided December 23, 2015 (the Constitutional Court Decision 2014Hun-Ba3 Decided December 23, 2015).