failed to adjust OOM score for shim: set shim OOM score with for DIND Scenario

On Kubernetes with underlying Docker, we are hit by this issue:

https://github.com/containerd/containerd/issues/4837

As far as I understand it's due to the fact that the recent docker runner containers are built with Docker 20.x and as K8s with a container Linux underneath (Flatcar in our case) we cannot upgrade Docker/ Containerd. We tried to downgrade the the runner to with gitlab-runner 12.9.0 but still we have the error. Here is a log Excerpt:

Running with gitlab-runner 12.9.0 (4c96e5ad)
  on gitlab-gitlab-runner-74d5fccf7b-pmnlq e2759e83
Preparing the "kubernetes" executor
00:00
Using Kubernetes namespace: gitlab
Using Kubernetes executor with image docker:18-dind ...

Any idea how we can overcome this?