The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

1. The gist of the grounds for appeal (misunderstanding of facts) is that the grounds for appeal are too excessive.

The amount of 600,000 won paid each month by the defendant to E is a retirement allowance paid in installments, not a wage.

Therefore, there is no unpaid wage for E, and the average wage, which is the basis for annual allowances and retirement allowances, is 2.2 million won, excluding the above 600,000 won.

Even if there are unpaid wages or retirement allowances

Even if the defendant paid money or articles to E in excess of the total amount, the defendant is not obliged to pay the amount.

2. An ex officio decision prosecutor filed an application for modification of an indictment with the content that the facts charged in the judgment below are modified as stated in the facts charged in the judgment below, and this court permitted this and changed the subject of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

However, the defendant's assertion of misunderstanding of facts is still included in the subject of the party's deliberation, despite the above reasons for reversal.

3. Judgment on the Defendant’s assertion of mistake of facts

A. According to the evidence duly adopted and examined by the lower court, the circumstance where the Defendant paid 2.2 million won regularly, fixed, and uniformly to E in addition to the monthly wage paid by the Defendant as the monthly wage can be acknowledged.

Therefore, it can be sufficiently recognized that the 600,000 won paid each month by the defendant is E.

2) Even if the above KRW 600,000 is the name of retirement allowance, the agreement that the above KRW 600,000 is to receive the retirement allowance including the retirement allowance on the monthly wage or daily wage is to waive in advance the right to claim the retirement allowance incurred at the time of the last retirement, which is in violation of Article 8 of the Guarantee of Workers' Retirement Benefits Act, which is a mandatory law, and thus null and void. The employer shall pay the retirement allowance on the monthly wage or daily daily wage, which has no