A. On April 30, 2014, the Defendant, by mistake in fact, paid retirement benefits to workers E, including both wages and wages, from which the Defendant thereafter agreed to extend the payment date to January 30, 2016, which is the time date of retirement, by March 31, 2016, and completed payment within the specified period, does not constitute a violation of the Guarantee of Workers’ Retirement Benefits Act.

B. The sentence of the lower court against an unfair defendant in sentencing (an amount of KRW 300,00) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake in the facts (1) Article 8(1) of the Act on the Guarantee of Retirement Benefits of Workers provides that “Any employer who intends to establish a retirement allowance system shall establish a system by which the average wage for not less than 30 days shall be paid for the continuous one year of his/her continuous service as retirement allowance to the retired employee.” The main part of Article 8(2) provides that “ Notwithstanding paragraph (1), an employer may, upon a request of the employee, settle accounts and pay the retirement allowance for the continuous service period before the employee retires.”

The phrase “retirement allowance” under the above provision is, in essence, paid in lump sum when an employer has worked for at least one year and has worked for at least one of the basic financial resources. As such, the right to claim the payment of retirement allowance has the nature of a later-paid wage (see Supreme Court Decision 2004Da8333, Mar. 30, 2007, etc.). As long as the aforementioned right to claim the payment of retirement allowance is effective by the interim settlement of the amount of retirement allowance, there is no room to occur during the duration of the contract, unless it is a case where the said right

Therefore, an agreement to pay a certain amount in advance with a monthly wage or daily allowance paid by an employer and an employee is not recognized as an interim settlement of retirement allowances under the provisions of the above Act.