Text
The defendant's appeal is dismissed.
Reasons
1. There is no fact of dismissal of the defendant for reasons of appeal. The restriction of dismissal and pre-announcement of dismissal are based on the premise of legitimate dismissal, and since dismissal becomes null and void, the defendant's act is not a crime.
2. According to the evidence duly examined and adopted by the lower court, the Defendant’s act of reporting the loss of insured status in the fourth insurance with the intent of dismissal to terminate the employment relationship is sufficient to be assessed as a hedge act.
As the court below properly explained, the dismissal under Articles 23(2) and 26 of the Labor Standards Act is not necessarily premised on lawful dismissal.
3. Conclusion, Defendant’s appeal cannot be accepted.