1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On April 10, 1978, the Plaintiff was appointed as a public educational official and retired from office on August 31, 2015.

On August 17, 2015, the Plaintiff filed a retirement pension with the Defendant, and the Defendant paid KRW 32,342,370 to the Plaintiff. From September 2015, the Plaintiff paid KRW 2,76,770 each month to the Plaintiff as retirement pension.

On November 4, 2016, the Plaintiff was sentenced to a suspended sentence of two years in one year and six months (Seoul District Court 2016Gohap665) due to the following facts constituting a crime of rape, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use and Screening of Cameras, etc.) and the said judgment became final and conclusive on November 12, 2016.

(hereinafter referred to as "relevant criminal judgment")

1. On April 20, 2016, at around 16:00, the Defendant, within the Defendant’s Dbenz vehicle parked on the nearby road in Busan, Busan, by making the victim E (M, 57 years of age) who was a string, in a manner that would have been raped, and dilution by putting 1 eggs of a sked (off of the number of skeds) prepared in advance, into the victim who is unaware of such circumstances, caused the victim to lose his mind.

On the same day, the Defendant continued to engage in sexual intercourse with “G” H located in Busan Jin-gu, Busan, and lost the mind in the Eastel at around 16:30 on the same day, and raped the victim who was unable to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.);

A. On July 5, 2015, at around 21:00, the Defendant taken a photograph of the victim’s physical disorder described in Paragraph 1, which was diving after sexual intercourse, using the Defendant’s cell phone against the victim’s intent, and taken the victim’s body against the victim’s will that may cause sexual humiliation or sense of shame.

B. On April 20, 2016, the Defendant was to Busan Jin-gu, Busan around 16:55.