1. Of the judgment of the court of first instance, the part against the plaintiff (Plaintiffs) who falls under the following order to pay.

1. The judgment on the cause of the claim is based on the following facts: (a) from May 21, 2009 to July 6, 2009, the Plaintiff worked as an English instructor upon receiving KRW 2.2 million monthly salary from D Teaching Institutes in Songpa-gu Seoul operated by the Defendant; and (b) the Defendant notified the Plaintiff of his dismissal without prior notice on July 6, 2009, without dispute between the parties; or (c) based on the purport of the entire pleadings in the statement in subparagraph 1.

Therefore, the defendant is obligated to pay the plaintiff 1.4 million won and delay damages for the amount of ordinary wages of 30 days as stipulated in Article 26 of the Labor Standards Act to the plaintiff with an advance notice of dismissal allowance, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. As to the plaintiff's assertion that the plaintiff is not a worker subject to the pre-announcement of dismissal, the defendant asserts that the plaintiff does not have a duty to pay the pre-announcement of dismissal allowance as above since the plaintiff falls under the "monthly wage worker" under Article 35 (3) of the Labor Standards Act (wholly amended by Act No. 8372 of Apr. 11, 2007; hereinafter the same shall apply) (hereinafter referred to as "the legal provision of this case").

On September 25, 2013, while the trial was pending before the remand, the Plaintiff applied for a ruling of unconstitutionality of the provision of this case, but the court rendered a ruling of dismissal of the application for a ruling of constitutionality of the law on September 25, 2013, and the Plaintiff filed a constitutional complaint with the Constitutional Court (2014HunBa3). On December 23, 2015, the Constitutional Court rendered a ruling that the legal provision of this case, excluding “a person for whom six months have not passed as a monthly-class employee,” without reasonable grounds, infringes on the right to work of a monthly-class employee whose period of service is less than six months and violates the principle of equality, is against the Constitution.