The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles has caused significant damage to the defendant's company due to lack of work ability, and the defendant dismissed E on this ground, which falls under the proviso of Article 26 of the Labor Standards Act and attached Table 9 of Article 4 of the Enforcement Rule of the Labor Standards Act, and thus, the defendant does not need to pay the pre-employment allowance to E.

B. Fact-misunderstanding E does not have any extended work and uses all annual work because it does not work on a Saturday that the Defendant intended to provide labor, so there is no overtime work allowance (over-time allowance) or annual leave work allowance that the Defendant is obligated to pay to E, and the lower court determined that the Defendant did not pay overtime work allowance or annual leave work allowance to E on the ground that the Defendant misleads the fact.

The recognition was recognized.

(c)

Sentencing is unfair because it is too unreasonable that the sentence of the lower court (300,000 won) is too unreasonable.

2. Determination

A. Determination as to the assertion of misunderstanding of legal principles 1) An employer under Article 26 (Advance Notice of Dismissal) of the Labor Standards Act shall give the worker an advance notice at least 30 days prior to the dismissal (including dismissal for managerial reasons) and, if the worker did not give an advance notice 30 days prior to the dismissal, shall pay the worker ordinary wages for not less than 30 days.

Provided, That this shall not apply where it is impossible to continue the business due to natural disasters, accidents, or other unavoidable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under the grounds prescribed by Ordinance of the Ministry of Labor.

"Grounds prescribed by Ordinance of the Ministry of Employment and Labor" in the proviso to Article 26 of the Enforcement Rule of the Labor Standards Act (the grounds for the exemption from pre-determination of dismissal) shall be as specified in the attached Table.

[Attachment] The grounds for the worker's failure to give notice of dismissal (related to Article 4)

9. Other cases where the person intentionally causes a enormous impediment to the project or causes a property loss under the social norms.

2) The lower court duly adopted the judgment.