Former Principal with Criminal Record... Court Orders Return of Over 100 Million Won in Retirement Benefits and Others

Fraud Conviction Revealed in Criminal Record Check After Retirement
Former Principal in Gwangju Refuses to Return Position for 5 Years Despite Requests

A retired former principal, who was later found to have a past criminal record for fraud, did not return his honorary retirement allowance for over five years. However, after losing a civil lawsuit filed by the local government, he was ordered to repay the amount along with court interest.

Gwangju District Court

On the 25th, the Gwangju District Court Civil Division 6 (Presiding Judge Jeong Ji-seon) announced that it ruled partially in favor of the plaintiff, Gwangju City, in a lawsuit filed against former elementary school principal Mr. A, demanding the return of unjust profits.

The court ordered Mr. A to return to Gwangju City a total of 112.53 million KRW, which includes the principal amount of 70,778,820 KRW of the honorary retirement allowance he unjustly received, plus approximately 41.74 million KRW in statutory interest calculated from November 2018, when the recovery notice was issued.

Mr. A, who was appointed as a teacher in April 1980, applied for the honorary retirement allowance in November 2017 while serving as an elementary school principal and received about 70.77 million KRW in March of the following year. However, after his retirement in August of the same year, a check of his criminal record through the administrative information sharing system revealed that he had been sentenced to six months imprisonment with a two-year probation for fraud in 1997 while working as a teacher in Gwangju.

Article 74-2, Paragraph 2 of the National Public Officials Act stipulates that honorary retirement allowances must be recovered if a public official receives a prison sentence or higher for a crime committed during their tenure. Accordingly, Gwangju City sent Mr. A nine recovery notices from October 2018 to July 2023 and multiple reminders to return the allowance. After more than five years of non-repayment, the city filed a civil lawsuit and won the case.

The court stated, "The plaintiff Gwangju City's claim is recognized as legitimate," and added, "Defendant Mr. A must pay the principal plus about 40 million KRW in interest for the over five years of delayed repayment. However, the plaintiff's claim exceeding the total of 112,535,350 KRW in recovery and interest is dismissed."

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