Criminal justice requires that criminal and criminal punishment should be defined by law in order to protect individual freedom and rights from the arbitrary exercise of the state's penal authority.

In light of such purport, the interpretation of the penal law must be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal law in the direction unfavorable to the defendant is not permitted as it is contrary to the principle of criminal justice (see Supreme Court Decision 2012Do4230, Nov. 28, 2013, etc.). Article 58(3) of the Automobile Management Act provides that “When a motor vehicle dealer advertises a motor vehicle via the Internet, matters prescribed by Ordinance of Ministry of Land, Transport and Maritime Affairs, such as the history of the motor vehicle and the seller information, should be published.

Article 120 (4) 6 of the Enforcement Rule of the Automobile Management Act provides that “The number and name of the members of the automobile management company shall be increased,” and Article 80 (7) 2 of the Automobile Management Act provides that “any person who provides false information on the history of the automobile and its seller in violation of Article 58 (3) shall be punished.”

In other words, Article 58(3) of the Automobile Management Act provides for the general duty of publication on matters prescribed by Ordinance of the Ministry of Information and Communication, such as automobile history and seller information. However, Article 80(7)2 of the Automobile Management Act, which is the penal provision, does not simply stipulate the application of penal provisions as “a person who violates Article 58(3)” or “a person who violates the duty of publication under Article 58(3)” and only “a person who falsely provides automobile history and seller information,” which is more specific and limited, is punished.

In light of the legal principles as seen earlier, the type and content of the automobile management laws are examined.