The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant paid KRW 135,00 per month from August 2008 to October 2014, when the employee D worked in “A” (hereinafter “Co., Ltd.”), which was the period when the employee D worked in “C” (hereinafter “instant Company”). If the amount paid exceeds KRW 8,052,290, which is the retirement allowance amount to be paid by the Defendant to D, the Defendant exceeds KRW 8,052,290.

Therefore, the judgment of the court below which found the Defendant guilty of violating the Act on the Guarantee of Workers' Retirement Benefits as the Defendant has already paid retirement allowances to D, is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. Unless otherwise specified in an unreasonable sentencing decision, the penalty of the lower judgment (the fine of KRW 700,000) is too unreasonable.

2. Determination:

A. 1) Determination of the assertion of mistake of facts

(2) In light of the above legal principle, unless the agreement is acknowledged as an interim settlement of a retirement allowance under the main sentence of Article 8(2) of the Act on the Guarantee of Workers' Retirement Benefits, the agreement is null and void in violation of Article 8 of the same Act, which is a mandatory law, as a result, an employee waives his/her right to retirement benefits in advance, and thus, the agreement is null and void. As a result, even if an employer paid an amount in the name of a retirement allowance to an employee under the agreement on the division of retirement allowances, the agreement is null and void (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 201).

Even if the above arrangement is invalid because it violates the mandatory law, and there is no evidence to recognize it as an interim settlement of retirement pay;

As a result, this case's retirement benefit scheme was enforced on and after December 1, 2010.