Of the facts charged in the instant case, it is not guilty of violating the Labor Standards Act due to non-payment of the dismissal advance payment.

The acquittal portion

1. The summary of the facts charged is an employer who ordinarily employs approximately two hundred workers as the representatives of the company D and D with limited liability and limited liability in the former Yongama Group B and C, and operates the business of manufacturing vessel components.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the defendant has worked in the above workplace.

On September 28, 2020, F stated that “the place of business shall be closed at the end of September, 2020,” and on September 30, 2020, F did not pay KRW 3,720,000 of the dismissal allowance corresponding to the ordinary wage of 30 days when dismissing the above F on September 30, 200, and did not pay KRW 604,313,61 in total, as shown in the list of crimes in the attached list of crimes.

2. Determination

A. The burden of proving the facts constituting an offense indicted in a criminal trial shall be borne by a prosecutor and the conviction shall be based on evidence with probative value sufficient to ensure that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it shall be determined as the benefit of the Defendant even if there is suspicion of guilt (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.). B. First, even based on the person G, H, I, and J as stated in [Attachment] No. 40, 119, 164, and 171 on a daily list of offenses, G, H, I, and J, even based on the pertinent date of entry and resignation of the above list, cannot be deemed as subject to dismissal under Article 26 subparag. 1 (where the continuous period of employment is less than three months) of the Labor Standards Act.

(c)

Next, this paper examines the unpaid part of the pre-employment allowance for the employees other than the employees listed in the attached list of crimes.

1) Notice of dismissal.