1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. The reasoning of the judgment of the court of first instance is as follows, with the exception that the third and third parts of the judgment of the court of first instance (hereinafter “the judgment”) are dismissed as stated in the pertinent part, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

B. If the legal doctrine and the employee agreed to pay in advance a certain amount of money with the monthly pay or daily pay paid by the employee (hereinafter “retirement Allowance installment agreement”), the agreement is null and void as it gives up the employee’s right to claim a retirement allowance at the time of the final retirement unless it is acknowledged as an interim payment of the retirement allowance, and thus, it violates the mandatory law, and accordingly, the employer paid the employee the money in the name of the retirement allowance according to the agreement on the division of the retirement

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, even though the amount of money in the name of a retirement allowance is paid separately from the monthly salary or daily wage under an agreement on the division of retirement allowances during the continuance of a labor relationship, if the agreement on the division of retirement allowances invalid for the aforementioned reasons and no validity exists as a payment of retirement allowances, the amount in the name of a retirement allowance already paid under the above agreement shall not be deemed to constitute “wages paid for the payment of labor.” Therefore, while an employer suffered damages equivalent to the amount by paying the amount in the name of a retirement allowance to an employee without any legal cause, while an employee suffers from the same amount, the amount