The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts and misapprehension of the legal doctrine, paid the employee E benefits including the amount corresponding to the monthly retirement pay and annual allowances.

Nevertheless, the lower court found the Defendant guilty of violating the Labor Standards Act and the Labor Standards Act due to the overdue payment of wages, among the facts charged in the instant case, and of violating the Act on the Guarantee of Retirement Benefits for Workers, there was an error of misunderstanding the facts and misapprehension of the legal principles (a confession of the violation of the Labor Standards Act due to the failure to provide a labor contract).

2. Determination

A. In fact, misunderstanding of legal principles and misunderstanding of legal principles 1) The right to claim retirement payment is only derived from the requirement of termination of the labor relationship, which is retirement, and there is no room for a duty to pay retirement allowances as long as the labor contract exists. Thus, the right to claim retirement payment has been paid a certain amount of money under the name of retirement allowances on the monthly salary paid

However, it is not effective as retirement allowance payment stipulated in Article 34 of the Labor Standards Act, and the agreement to receive the retirement allowance including the retirement allowance in the monthly pay or daily pay is null and void because it is in violation of Article 34 of the Labor Standards Act, which is a mandatory law, in advance, waives the right to claim the retirement allowance incurred at the time of the final retirement.

Therefore, in a case where an employer refuses to pay a retirement allowance to a retired employee on the ground of an agreement that he/she shall provide that he/she shall include a retirement allowance in the monthly salary or daily allowance, which has no legal effect, it shall not be deemed that there is a substantial reason for the employer to dispute the existence of the obligation to pay a retirement allowance, and it shall not be deemed that such an employer has no intention to commit a violation of the obligation to pay a retirement allowance within the payment period as stipulated in Articles 112 and 36 of the Labor Standards Act.