The judgment of the court below is reversed.

The defendant shall be innocent.

[Judgment on the grounds of appeal] The abstract of the grounds of appeal does not have a duty to indicate a certification on the fertilizers sold by a fertilizer seller. Thus, a fertilizer seller’s Defendant, who is a fertilizer seller, does not constitute a fertilizer which is displayed and sold in small packages on a unit of 700g, without an indication of certification under Article 14(1) of the Fertilizer Control Act.

However, according to the evidence duly adopted and examined by the court below, the fact that the defendant, a fertilizer seller, displayed and sold fertilizers in 700g unit without a certification mark is recognized.

However, according to Articles 28 subparag. 2 and 14(2)1 of the Fertilizer Control Act, which are applicable provisions of this case (hereinafter “the Act”), where a fertilizer business operator transfers, displays, sells, distributes, or supplies fertilizers without a certification mark under Article 14(1) of the Act, the issue is whether a fertilizer business operator is a fertilizer with no certification mark under Article 14(1) of the Act.

Article 14 (1) of the Act shall indicate the name of fertilizers, guaranteed component quantity, circulation period, etc. determined by legal standards on the outside of containers or packaging of ordinary fertilizers and by-product fertilizers, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and where a fertilizer business operator intends to sell, distribute, or supply fertilizers without inserting or packaging them in a container, he/she may substitute the indication of certification by issuing a guarantee slip stating the name of fertilizers, guaranteed component quantity, circulation period determined by legal standards, etc. to the other party, as prescribed by Ordinance of the Ministry of Agriculture, Food

(L) By stipulating that the fertilizer business owner's duty to indicate the warranty is delegated to the Ministerial Ordinance.

However, the Enforcement Rule of the Act stipulates only the obligation to attach a guarantee slip to the fertilizer producer and importer and the issuance of a guarantee slip that can replace the guarantee mark.