The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, although the Defendant could not be deemed to have a reasonable ground for failing to pay retirement allowances to E. The court below erred by misunderstanding the facts, which affected

2. The lower court found the Defendant not guilty on the ground that, even if the agreement between the Defendant and E on the payment of retirement allowances is null and void, the Defendant could have believed that there was no additional obligation to pay a certain amount as retirement allowances by agreement with E, and there was considerable reason for not paying retirement allowances, and ultimately, it is difficult to readily conclude that the Defendant had an intention to pay retirement allowances.

3. The determination of a retirement allowance for the party is an amount of money having the nature of a later-paid wage paid to the retired employee who has continued to work for a certain period of time and has the nature of a later-paid wage, and the specific claim for a retirement allowance is a requirement that the termination of

It is invalid because it is against the Labor Standards Act, which is a mandatory law, and the Guarantee of Workers' Retirement Benefits Act.

(See Supreme Court Decision 2018Da21821, 25502 Decided July 12, 2018 (see Supreme Court Decision 2018Da21821, 25502). In cases where an employer refuses to pay a retirement allowance to a retired employee on the ground of an agreement that he/she shall include a retirement allowance in the monthly salary or daily allowance, which is not legally effective, it shall not be deemed that there are reasonable grounds for dispute as to the existence or absence 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 on the date of payment of wages, etc. as stipulated in Articles 112 and 36 of

Supreme Court Decision 2007Do4171 Decided August 23, 2007