The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of facts D merely was discharged from office as a legal manager of C Co., Ltd. (hereinafter “C”) on October 25, 2010, and the Defendant did not dismiss D, and D continued to serve as C’s former duties even after October 25, 2010.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case on the premise that the defendant dismissed D was erroneous.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The Defendant, as the C representative director of the facts charged, did not immediately dismiss D who worked in C before October 30, 2010, and did not pay KRW 3,238,938 of ordinary wages while immediately dismissing D without prior notice.

B. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by this court, it is insufficient to view that the Defendant’s dismissal of D on October 25, 2010, as indicated in the facts charged, was proven without reasonable doubt, and there is no other evidence to support the dismissal.

① A crime of violating the Labor Standards Act due to failure to pay an advance notice of dismissal allowance is established by immediately dismissing an employee without paying the employee’s ordinary wage for at least 30 days. Thus, the instant facts charged is premised on the Defendant’s dismissal on October 25, 2010.

② D consistently states to the effect that “A was dismissed from office as a legal manager of C on October 25, 2010 from an investigative agency to this court, but there was no notification of dismissal from the Defendant, and even thereafter, continued to deal with C’s business as a former agent.” It does not mean that the Defendant was dismissed from office on October 2013 by “A”, but the “F, the actual owner of C, was the most lawful board of directors resolution on October 25, 2010.”