Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the court below rejected the grounds of appeal on the mistake of facts and misapprehension of legal principles by recognizing that the agreement on the extension of the retirement allowance payment payment period asserted by the defendant is null and void, as well as the lack of evidence to confirm the existence, etc. of the damage claim by the defendant.

The part of the ground of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the selection and probative value of evidence, which is the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the duty to liquidate money and other valuables and set-off under the Labor Standards Act, the extension of the payment period under the Act on the Guarantee of Workers' Retirement Benefits, or by exceeding the bounds of the principle

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.