1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The plaintiff is a company engaged in parking management business, etc.

B. On June 4, 2014, the Defendant entered into a labor contract on hotel bowing business with the Plaintiff, and worked from around that time until November 1, 2016.

C. On April 28, 2017, the Plaintiff paid KRW 4,239,110 upon the Defendant’s request to pay retirement allowances.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 7, purport of the whole pleadings

2. Determination as to the cause of action

A. At the time of concluding the employment contract, the Plaintiff agreed to pay the retirement allowance in installments with the Defendant at the time of signing the employment contract, and as such, the Plaintiff paid the retirement allowance in installments by including the monthly retirement allowance in accordance with the effective retirement payment agreement, the Defendant shall return the amount of KRW 4,239,110 in the name of the retirement

B. (1) Determination 1) An agreement to pay in advance a certain amount of money with a retirement allowance, along with a monthly payment or daily payment made by an employer and an employee, along with a monthly payment or daily payment made by an employee (hereinafter “

The agreement is null and void in violation of the mandatory law, as it gives up in advance a worker a claim for retirement benefits that occurs at the time of the final retirement unless it is recognized as an interim settlement of the retirement benefits, and as a result, the employer paid the employee a monetary amount in the name of the retirement benefits under the agreement for

There is no validity of retirement allowance payment.

Meanwhile, wages under the Labor Standards Act refer to all kinds of money that an employer pays to an employee in compensation for his/her work, which means that the employer bears the obligation to pay according to collective agreements, rules of employment, wage rules, employment contracts, labor practices, etc.

However, while the employment relationship is pending, the amount of money in the name of retirement allowance is separate from the monthly pay or daily pay according to the retirement allowance division agreement.