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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to Article 26 of the Labor Standards Act, if an employer intends to dismiss a worker, he/she shall give an advance notice at least 30 days prior to the dismissal, and if he/she did not give an advance notice at least 30 days prior to the dismissal, he/she shall pay an ordinary wage for not less than
However, comprehensively taking account of the purport of the argument in Gap evidence No. 1-5, the Plaintiff received a summary order (2017Da9666) of KRW 50,000 per month from Suwon District Court's Sung-nam branch on April 17, 2016, upon which the Plaintiff entered into an employment contract with the Defendant to receive wages of KRW 1,850,000 per month, and served until November 10, 2016. The Defendant received notice of dismissal from the Defendant without any specific advance notice on November 9, 2016. The Defendant received a summary order (2017Da9666) of KRW 50,00 per annum from the date of violation of the Labor Standards Act with the effect that "the Plaintiff did not make advance notice of dismissal before 30 days, but did not pay the advance notice of dismissal," and barring any special circumstance, the Defendant may have an obligation to withdraw the application for a formal trial and make it final and conclusive as it is. Thus, the Defendant is obligated to pay the Plaintiff 300% and 100.
2. Judgment on the defendant's assertion
A. The defendant asserts to the effect that the plaintiff was not obligated to pay the advance notice of dismissal pursuant to the proviso of Article 26 of the Labor Standards Act, because the plaintiff intentionally caused enormous hindrance to the business or caused property damage. However, the evidence submitted by the defendant alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it. Thus,
B. The Defendant asserts that the Plaintiff was absent from office on his own instead of dismissing the Plaintiff, but in light of the facts acknowledged earlier.