The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

According to an agreement with E, the Defendant, who is erroneous in the summary of the grounds for appeal, paid the monthly retirement pay by including the monthly retirement pay in the monthly salary.

Even if the amount that the defendant paid each month to E is not recognized as retirement benefits.

Even if the defendant did not have an intention to commit a violation of the duty to pay retirement allowances under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits.

The punishment of the court below (the amount of 500,000 won) which is unfair in sentencing is too unreasonable.

Judgment

In a case where the employer and the employee agreed to pay a certain amount in advance with the monthly salary or daily allowance paid by the employer as retirement allowance (hereinafter “retirement installment agreement”), the agreement is null and void in violation of Article 8 of the Guarantee of Retirement Benefits for Workers, which is a mandatory law, since the employer waives the right to claim a retirement allowance incurred at the time of the final retirement unless it is acknowledged as an interim settlement of the amount of retirement allowance under the main sentence of Article 8(2) of the Guarantee of Retirement Benefits for Workers, and thus, the agreement is null and void as it goes against the provisions of Article 8 of the Guarantee of Retirement Benefits for Workers, which is a mandatory law. As a result, even if the employer paid an amount in the name of the retirement allowance to the employee in accordance with the agreement on the division of retirement allowances, it is invalid as retirement allowance payment (see, e.g., Supreme Court Decisions 2007Da90760, May 20, 201; 2009Do8248, Oct. 13, 2011).

Therefore, there was an intentional act of violating the duty to pay retirement allowances as stipulated in Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits of Workers.

Although it is difficult to see it, (see, e.g., Supreme Court Decisions 2004Do6969, Dec. 24, 2004; 2005Do1089, Jun. 9, 2005; 2007Do4171, Aug. 23, 2007); however, the employer has no legal effect.