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Reasons
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(영문) 서울중앙지방법원 2014.03.20 2012가합32305
퇴직금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, from October 24, 2007 to September 24, 2009, was in office as a director of the Defendant Union; from September 25, 2009 to March 29, 2012, the Plaintiff was in office as an executive director of the said Union; and controlled the overall affairs of the said Union.

B. On July 24, 2013, the Plaintiff, at the Seoul Central District Court, sentenced 2 years of imprisonment for the crime of occupational embezzlement, etc. (hereinafter “instant criminal judgment”) to 3 years of suspended execution, 3 years of community service work, 200 hours, and appealed, but on October 18, 2013, the Plaintiff was sentenced to the dismissal of appeal by the same court (2013No2526). On January 10, 2014, the judgment (hereinafter “instant criminal judgment”) became final and conclusive by withdrawing the final appeal.

1. Use of business promotion expenses corporation cards and occupational embezzlement related to overtime allowances;

A. On February 9, 2008, the Plaintiff used the national visa card under the name of the Defendant Union for personal purposes by settling the sum of KRW 26,268,594 by the same method 73 times between around that time and around February 9, 201, while having been in custody for the said union for business purposes.

Accordingly, the Plaintiff embezzled 26,268,594 won in total.

B. Since the Plaintiff was in office as an executive director who is an executive officer of the pertinent union from January 1, 2010 to August 2010, the Plaintiff was unable to receive overtime work allowances and was actually unable to work overtime, but was given KRW 3 million from the said union on February 1, 2010 for overtime work.

In addition, from around that time to August 25, 2010, the Plaintiff embezzled the total amount of KRW 24 million of the funds of the said union for personal purposes by obtaining a total of KRW 24 million for overtime work allowances from the said union eight times, and using it for an individual purpose.

2. Interference with duties, occupational breach of trust, occupational embezzlement, and occupational embezzlement related to dissertations for doctor’s degree;

A. The plaintiff interference with the business of Seocho-gu Seoul around August 2009.

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