The defendant's appeal is dismissed.

1. The summary of grounds for appeal (as to paragraph (2) of the facts charged) work for D operated by the defendant;

E has committed an act falling under the exception to the duty of pre-employment (proviso of Article 26 of the Labor Standards Act) by spreading false information to the effect that he/she is aware of the company's business secrets, etc., and thereby creating fears by spreading false information to the employees, or impairing the morale of employees, thereby hindering the operation of the company.

Since the Defendant dismissed E on the ground of such reasons for the failure to give notice of dismissal under the main sentence of Article 26 of the Labor Standards Act, the Defendant is not obligated to give notice of dismissal to E under the main sentence of Article 26 of the Labor Standards Act, and is not obliged to give notice of dismissal

There is an error of law by mistake in the court below's decision.

2. Determination

(a) Article 26 of the Labor Standards Act provides that “When an employer intends to dismiss a worker (including dismissal for managerial reasons), the employer must give an advance notice at least 30 days prior to the dismissal, and if the employer did not give an advance notice at least 30 days prior to the dismissal, the employer must pay not less than 30 days’ ordinary wages.

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.

“.......”

Article 4 and attached Table of the Enforcement Rule of the Labor Standards Act shall be as follows: “The grounds prescribed by Ordinance of the Ministry of Labor of the Ministry of Labor of the Labor of the proviso to Article 26 of the Labor Standards Act shall be as follows:

2. Where he/she causes a traffic accident by allowing another person to drive at will a business vehicle on his/her behalf;

3. competition with trade secrets or other information.