The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The prosecutor’s appellate brief did not agree with the employer, the employer, and the worker E, who are the gist of the reasons for appeal. Even if such agreement was reached, this is a content that dissipates the intent of the Labor Standards Act, which is a mandatory provision, and thus, its validity is not recognized. However, the court below acquitted the Defendant of this part of the facts charged on the ground that there was an agreement between the Defendant and E on the labor contract. The court below erred by misapprehending the legal principles

2. Determination

A. The summary of the facts charged in the instant case is the employer who ordinarily employs seven workers under the trade name of “D” in Busan Jin-gu C, Busan, and operates a general restaurant.

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 did not pay 610,038 won or more, which is the 30-day ordinary wage, when dismissing workers E, with no time limit of 30 days or more at the same workplace around November 8, 2016.

B. The lower court determined as follows: (a) Article 26 of the Labor Standards Act does not apply to “worker in probationary employment” under Article 35 of the Labor Standards Act; (b) however, according to the witness F’s testimony, it can be acknowledged that E was a worker in probationary employment at the time of the instant dismissal.

In light of the facts charged, the lower court acquitted the instant charges.

(c)

If the application of the trial period to a worker newly employed under the Rules of Employment is defined as an optional matter, it shall be specified in the labor contract whether the trial period is applicable to the worker, and if it is not specified that the trial period is applicable to the labor contract, it has been employed as a regular member instead of the trial worker.