2. Determination on the grounds for appeal

A. As to the mistake of facts, the phrase “obscenity” under Article 46(1)2 of the Employment Security Act refers to an act that stimulates, plays, or satisfies a sexual desire, thereby impairing ordinary people’s normal sense of sexual humiliation and contrary to good sexual morality. This should be determined on the basis of whether it can be determined based on whether it may be deemed that the person, from the standpoint of the average person, caused sexual humiliation and has impaired normal sexual humiliation by stimulating sexual humiliation.

(2) The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, male customers visiting the key room of this case who are operated by the defendant, appear to have discovered key advertisements at the entrance door or Internet key room. ② The above key room was closed by a female employee's body straw, and the interview could be divided by a male customer and a female employee's chest, etc., by putting the hand in the clothes or clothes, and there was a physical problem for each room. ③ The defendant provided education to female employees to refuse to request the similarity of male customers, but considering the fact that it was kept in the sealed key room, it is difficult to view that female employees' sexual humiliation and physical issues were suspended and stored in the sealed room as above, and that the act of this case is hard to excluding sexual intercourse without the average male employees' sexual desire from the point of view of social concern.