Lee Seung-hoon, president of Sehan University (64), who was prosecuted on charges of embezzlement by paying attorney fees with school funds and withholding wages of professors and staff, was acquitted.
According to the legal community on the 11th, the Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) upheld the lower court's verdict of not guilty for President Lee, who was charged with embezzlement, violation of the Private School Act, and violation of the Labor Standards Act.
The court stated, "The lower court found no proof of the crime in the indictment and therefore judged not guilty," adding, "Upon reviewing the reasons for the lower court's ruling in light of relevant laws and records, there is no error in dismissing the prosecutor's appeal by violating the rules of logic and experience without conducting necessary hearings, exceeding the limits of free evaluation of evidence, or misinterpreting the legal principles regarding the intent to unlawfully gain in embezzlement and the intent in violation of the Labor Standards Act."
President Lee was accused of embezzling 37.4 million won in attorney fees and 14.2 million won in severance pay for staff by paying these amounts from the school fund accounting during lawsuits filed against the school corporation from 2010 to 2012.
He was also charged with withholding part of wages by paying professors and staff on an annual salary basis instead of the required step-based wage system.
The first trial court found him guilty of paying attorney fees and partially withholding wages and sentenced him to a fine of 12 million won.
However, the second trial court overturned the first trial's ruling and acquitted President Lee of all charges.
Regarding the embezzlement charge, the court found that the subjective element of intent to unlawfully gain, necessary for the crime of embezzlement, was absent.
The court explained, "Considering that all parties in the lawsuit were the school corporation, the attorney fees were expenses that the school corporation should have borne," and "Since the president performed school duties in his position, it cannot be regarded as embezzlement."
Regarding the wage withholding charge, the court stated, "At that time, there was ongoing legal dispute within the university about paying wages on an annual salary basis," and "It is difficult to recognize intent to withhold wages."
The Supreme Court also found no problem with the second trial court's judgment.
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