Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a C representative in the East Sea and is an employer who runs a transport business with two full-time workers.

When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the defendant has served as a driver from June 9, 2017 at the above workplace.

D) On January 4, 2018, a vehicle is sold from 13:00 to 14:00, and a vehicle is dismissed without a prior notice to the next day of the work, and the amount of KRW 3,000,000 corresponding to the ordinary wage for 30 days in advance of dismissal was not immediately paid on the date of dismissal.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Determination on the assertion of the defendant and his/her defense counsel in the labor contract

1. The summary of the argument asserts that the defendant and his defense counsel are not obliged to pay the pre-employment allowance to D on grounds of the exception to pre-employment under the proviso of Article 26 of the Labor Standards Act, such as where he was absent from work without permission on several occasions during the work period of the worker D, and he was absent from work without any contact even after being notified of dispatch on January 4, 2018, and the defendant was notified of the termination of the contract of carriage by the relevant business partner, and where he was operated through the examination of vehicles such as ordinary and continuous driving, causing property damage such as repair costs, etc

2. Determination

A. According to the Labor Standards Act, an employer is unable to dismiss a worker without any justifiable reason (Article 23(1) of the Labor Standards Act), and even in the case of dismissal due to justifiable grounds, the employer shall give a pre-determination of dismissal or pay pre-determination of dismissal allowances (Article 26 of the Labor Standards Act). However, in exceptional cases where there are grounds prescribed in the attached Table of Article 4 of the Enforcement Rule of the Labor Standards Act, the employer may not give such pre-determination of dismissal.

(b) Domins, Domins, this Court has duly adopted and investigated.