The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant, as the president of the Daejeon World Co., Ltd. and the branch president of the Daejeon Federation, was dismissed to employ the victim as an employee of the office of the above E organization, etc., and the victim first argued that the victim “I would drink alcohol” was the victim as stated in the facts charged in the instant case. However, the Defendant’s above act does not violate the social rules, and thus constitutes a legitimate act, and thus, the illegality should be avoided in accordance with Article 20 of the Criminal Act. However, the lower court convicted the Defendant of the facts charged in the instant case, thereby adversely affecting the conclusion of the judgment.

B. The sentence of a fine of KRW 500,000 imposed by the lower court is too unreasonable.

2. Determination

A. Determination of the misapprehension of legal principles as to the assertion of legal principles 1) The "act which does not violate the social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate the social rules and thus, the illegality should be avoided, based on specific circumstances, and judged individually. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act (see Supreme Court Decision 2008Do699, Oct. 23, 2008) and the court below duly adopted the evidence duly and investigated by the court below and the trial court.