The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error 1) The Defendant, upon the employee’s active request, made an agreement on the installment payment of retirement allowances and made payment by adding the retirement allowances divided into monthly pay. The Defendant’s intent cannot be recognized as violating the Act on the Guarantee of Workers’ Retirement Benefits since the Defendant’s ground for not paying retirement allowances exists. 2) The period of employment of the employee J from December 21, 2009 to December 10, 2010 cannot be deemed as being eligible for retirement allowances since it did not constitute one year.

In addition, workers H received all retirement allowances from the Defendant.

B. The lower court’s sentencing (2 million won of fine) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. 1) Whether the agreement on the installment payment of retirement allowances is effective and an agreement on the installment payment of retirement allowances to pay in advance a certain amount with the monthly pay or daily pay paid by an employer and an employee, along with the monthly pay or daily pay paid by an employee, shall be governed by the Guarantee of Workers' Retirement Benefits Act (hereinafter

(2) Article 8 of the Act is null and void since an employee waives his/her right to claim a retirement allowance that occurs at the time of the final retirement in advance, unless it is acknowledged as an interim settlement of the retirement allowance under Article 8(2) (see, e.g., Supreme Court Decisions 2000Da27671, Jul. 26, 2002; 2007Do4171, Aug. 23, 2007). As a result, even if an employer pays an amount in the name of the retirement allowance to an employee pursuant to the agreement on the division of the retirement allowance, it is not effective as a retirement allowance payment (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010). Meanwhile, an “worker’s request” must be deemed valid to recognize the interim settlement of the retirement allowance under Article 8(2) of the Act, and the demand is a passive request, such as simply included in the annual salary contract or the employee’s payment not implied.