The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, from July 2014 to May 2014, paid a retirement allowance of one million won in part, and thus, there was no intention to not pay a retirement allowance, and despite the agreement between the victim and the victim on interim settlement, the lower court found the Defendant guilty of the facts charged in the instant case.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 800,00) is too unreasonable.

2. In a case where an employer and an employee agreed to pay a certain amount of money in advance with a monthly salary or daily allowance paid by the employer and the employee, the agreement is a waiver of the employee’s right to claim a retirement allowance accrued at the time of final retirement unless it is acknowledged as an interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act, and is null and void in violation of Article 8 of the same Act, which is a mandatory law (see, e.g., Supreme Court Decisions 2007Da90760, May 20, 2010; 2009Do8248, Oct. 13, 201). In addition, the employer’s refusal to pay a retirement allowance on the ground that “an employer’s refusal to pay a retirement allowance by including the monthly salary or daily allowance in every month,” and there is no reasonable ground for misunderstanding the employer’s failure to pay the amount of the retirement allowance under Article 8(2) of the Criminal Act.

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