2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the purport of the appeal.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the agreement on the division of retirement allowances was concluded to pay the retirement allowances to the Plaintiff along with the monthly salary that is paid each month, and that all retirement allowances were paid in accordance with such agreement.

If an employer and an employee agreed to pay a certain amount in advance with a monthly or daily allowance paid by the employer (hereinafter “retirement Allowance Agreement”), the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Retirement Benefits of Workers, unless it is recognized as an interim settlement of the amount of retirement benefits under the main sentence of Article 8(2) of the same Act, and thus, the employer waives the right to claim a retirement allowance accrued at the time of the final retirement. Accordingly, the agreement is null and void in violation of Article 8 of the same Act, which is a mandatory law, even if the employer pays a certain amount in the name of the retirement allowance to the employee pursuant to the agreement on the division of retirement allowances (see, e.g., Supreme Court Decision 2007Da90760, May 20, 2010). On the other hand, in cases where an employee requests for a housing purchase or other reasons as prescribed by Presidential Decree, an interim settlement of the retirement allowance may be made by dividing the amount already occurred in the future by the payment of the retirement allowance in installments from the housing (Article).

Since the defendant is a person, the retirement allowance installment agreement claimed by the defendant is recognized as the interim settlement of the retirement allowance under the above law.