위계에 의한 업무방해죄의 제한해석: 소위 ‘부정 채용’ 사건을 중심으로

An important type of interference of business by fraudulent means is the cases associated with the recruitment of new employees. Economic conditions and changes in the job market have raised calls for fairness, especially in the hiring process of new employees, and as a reflection of such social phenomena, cases that have recently been categorized as so-called “‘relationship hire” have been on the increase. In this paper, the existing laws of interference of business by fraudulent means applied to the recruitment process of new employees were summarized and analyzed in detail in legal and policy aspects. The position of the precedents may be summarized as an extension of the scope of the crime of interference of business through the recognition of the independence of individual work and abstraction of the concepts of fraudulent means and interference of business. This puts the risk of turning interference of business into a crime that protects social legal interests, and violating the autonomy of a company by indiscriminately putting criminal law standards into decisions within an organization. Therefore, there is a need for an interpretation that appropriately restricts the scope of interference of business. This paper argued that when combining the text of criminal law, the existing precedents interpreting them, the need for a restrictive interpretation, and comparative law review, it is necessary to interpret components such as ‘fraudulent means’ as limited as possible on the premise that the interference of business is an infringement crime.