The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In concluding a labor contract with the J, the Defendant agreed to pay 10% of the benefits under the consent to interim settlement of the retirement benefits in installments every month after the date of the occurrence of the retirement benefits, and paid the retirement benefits in advance by including the retirement benefits in the monthly salary paid under the above agreement.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles on retirement allowances, which affected the conclusion of the judgment.

B. Even if the Defendant was guilty of an unreasonable sentencing, the lower court’s punishment (fine of KRW 300,000) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted by the lower court, the lower court’s determination on the assertion of mistake of facts or misapprehension of legal doctrine is based on the evidence, and the J runs the Hamb Institute operated by the Defendant from March 31, 2007 to August 26, 2011 (hereinafter “instant Hamb Institute”).

(2) If an employer and an employee agree to pay in advance a certain amount of money with the monthly salary or daily allowance paid by the employer and the employee (hereinafter “an agreement on the installment payment of retirement allowances”), the agreement on the installment payment of retirement allowances is null and void in violation of Article 34 of the Act on the Guarantee of Workers’ Retirement Benefits as it waives the employee’s right to claim a retirement allowance arising from the final retirement, unless it is recognized as the interim settlement of the interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits, and as a result, the employer paid in advance a certain amount of money in the name of the retirement allowances to the employee under the agreement on the installment payment of retirement allowances.

Even if there is no effect as retirement allowance payment.

(See Supreme Court en banc Decision 2007Da90760 Decided May 20, 2010).