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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal on the violation of the principle of no punishment without law and the prohibition of comprehensive delegation
(a) It is not practically impossible to provide for all laws and regulations on criminal punishment without exception due to complicated and diversification of social phenomena, the limitation of professional and technical capabilities of the National Assembly, and the limitation of time adaptation ability, as well as to be suitable for reality.
For this reason, delegation legislation is allowed under the premise that the delegation legislation clearly prescribes the type, limit and width of punishment in the respect of punishment, and that such delegation legislation is not contrary to the principle of no punishment without the law, while the delegation legislation does not violate the principle of no punishment.
(See Supreme Court Decision 2002Do2998 Decided November 26, 2002, etc.). A delegation order can be granted when there is an individual delegation that sets a specific scope in a law or upper level order. Here, the specific scope of delegation differs depending on the type and character of the subject to regulation, and thus, uniform standards cannot be set. However, inasmuch as the basic matters of the contents and scope to be specified in the delegation order are specifically prescribed in the delegation order, any person can predict the outline that can be stipulated in the delegation order from the pertinent law or upper level order.
In this case, the predictability of the delegation clause should not be determined with only one delegation clause, but the overall system and purpose of the delegation clause or higher order to which the delegation clause belongs, the form and content of the delegation clause in question, and relevant laws and regulations should be determined systematically and systematically, and further, it is necessary to examine specifically and individually each delegation clause according to its nature.