The judgment of the court below is reversed.

The defendant shall be innocent.

1. The Defendant, as the representative of D in subparagraph B B underground C of Seoul Jung-gu, is an employer who runs general restaurant business with three regular workers.

When an employer intends to dismiss (including dismissal for business reasons) a worker, he/she shall give the worker an advance notice at least thirty 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 thirty days.

On January 2, 2018, the Defendant dismissed an employee E who had worked as a daily cook at the same workplace without giving a notice 30 days prior to the date of dismissal, and did not pay KRW 2,738,800 of ordinary wages for 30 days.

2. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to a fine of KRW 500,000.

3. Summary of grounds for appeal;

A. The judgment of the court below which recognized the dismissal of E even though the defendant terminated an employment contract under the agreement between the defendant and E is erroneous in the misunderstanding of facts and misunderstanding of legal principles as to dismissal.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

4. The judgment of this Court

A. The grounds for termination of the legal doctrine on dismissal, etc. can be divided into retirement, dismissal, automatic extinguishment, etc.

Of them, the term “retirement” refers to the termination of all labor relations, regardless of the name or procedure that is actually unfavorable to the employee’s workplace, consisting of an employer’s unilateral intent against the employee’s will (see Supreme Court Decisions 92Da54210, Oct. 26, 1993; 2014Da9632, May 30, 2018). The term “retirement” made with the employee’s intention or consent can again be divided into the term “private position” which is the termination of a labor contract by unilateral declaration of intention of the employee and “any termination of an agreement” which is the termination of a labor contract by agreement between the employee and the employee.

Whether the termination of agreement constitutes a substantial dismissal or resignation of an employee.