1. The Defendant’s KRW 1,800,000 as well as the Plaintiff’s annual rate of 6% from October 17, 2015 to December 8, 2015, and the following.

1. Facts of recognition;

A. From July 1, 2012, the Defendant operated a wholesale and retail business by operating C customer center (hereinafter “instant place of business”). On January 20, 2014, the Plaintiff entered the instant place of business and served as a milk supply and delivery employee.

B. The instant workplace is a workplace with four regular workers.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 4, Eul evidence 1 and 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary claim 1) around December 17, 2014, while engaging in the supply business at Costco D, the Plaintiff suspended his/her business for treatment between the two titles from January 21, 2015 to January 22, 2015. On January 22, 2015, the Defendant dismissed the Plaintiff on January 22, 2015, which is the period of suspension of business. This is invalid as a dismissal within the period of suspension of business for medical care for occupational injury under Article 23(2) of the Labor Standards Act. Even if the dismissal of the Defendant’s primary claim is valid from January 22, 2015 to the date the Plaintiff is reinstated, the Defendant is obligated to pay his/her ordinary wages under Article 26 of the Labor Standards Act.

B. The Defendant’s assertion 1) did not dismiss the Plaintiff, and the labor relationship with the Plaintiff was terminated by agreement by the Plaintiff with respect to the Defendant’s declaration of termination. 2) The instant place of business is only four full-time workers, and Article 23(1) of the Labor Standards Act does not apply.

A defendant may terminate a labor contract without justifiable grounds.

3. Judgment as to the main claim

A. Under the Labor Standards Act, an employer shall not dismiss an employee without any justifiable reason at a business or workplace which employs not more than four full-time workers under the Defendant’s notice of termination of employment contract.