1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. On August 18, 2003, the Plaintiff asserted that, while employing the Defendant, the Plaintiff agreed to include the retirement pay in monthly pay and pay 1,90,000 won of retirement pay to the Defendant every month. On January 1, 2015, the Plaintiff drafted an employment contract with the aforementioned content.

From August 18, 2003 to February 23, 2016, the Defendant served for the Defendant, and the Plaintiff paid all retirement allowances to the Defendant in accordance with the aforementioned agreement on the division of retirement allowances.

Nevertheless, the defendant filed a complaint with the Ministry of Employment and Labor to the effect that the plaintiff was not paid a retirement allowance from the plaintiff, and the plaintiff was subject to criminal punishment on the ground that the installment agreement is invalid

Therefore, the above agreement on the division of retirement allowances is null and void, and the defendant receives a total of KRW 15 million from the plaintiff for 150 months as retirement allowances, gains profits without any legal ground, and suffered the same amount from the plaintiff. Thus, the defendant is obligated to pay the plaintiff 15 million won with unjust enrichment and delay damages.

B. The defendant's assertion that there was no agreement between the plaintiff and the plaintiff to receive a retirement allowance in the monthly salary, and the plaintiff did not pay the defendant the monthly salary.

2. Determination

A. If an employer and an employee agree to divide a retirement allowance into a pre-paid retirement allowance with a monthly or daily allowance paid by the employer and the employee, the agreement is null and void in violation of the Guarantee of Workers' Retirement Benefits Act, which is a mandatory law, since the employee waives his/her right to claim a final retirement allowance in advance. As a result, the employer paid the employee a monetary amount in the name of the retirement allowance according to the agreement

There is no validity of retirement allowance payment.

Therefore, an employer has suffered damages equivalent to the above money by paying the employee the money in the name of retirement allowance without any legal cause.