The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court convicting the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment, even though the Defendant agreed to pay a monthly retirement allowance in installments with the employee D, and all of the monthly retirement allowances were paid, including the monthly pay.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the facts charged in the instant case and paid the retirement allowance in full in accordance with each of the facts charged, and held that the Defendant did not have the obligation to pay the retirement allowance, on the grounds that the right to claim the payment of the retirement allowance arises only when the elements for termination of the labor relationship, and as long as the labor contract exists, there is no possibility that the obligation to pay the retirement allowance may occur, and thus, the amount of the retirement allowance

Even if it does not have the effect of the payment of retirement allowances as stipulated in Article 8 of the Guarantee of Retirement Benefits for Workers, and as such, the agreement to receive the retirement allowances by including them in the monthly pay or daily pay is valid in violation of Article 8 (2) of the same Act, unless it is acknowledged as the interim settlement of the retirement allowances as stipulated in the main sentence of Article 8 (2) of the same Act, and thus, the employer waives the right to claim the retirement benefits accrued at the time of the final retirement in advance, and is null and void in violation of Article 8 of the same Act, which is a law and regulations governing the demotion, and the employer refuses the payment of the retirement allowances for the retired worker on the ground that the employer has no legal effect.