A. Whether Article 1-3 (1) of the former Gift Certificates Act violates the freedom of business under the Constitution, or violates the principle of freedom of contract or the legislative intent of the Gift Certificates Act

(b) Whether a person who issues merchandise coupons without filing for registration of issuance in the absence of an order to register issuance of merchandise coupons is included in the subject of punishment under Article 17 of the same Act;

A. Article 1-3 (1) of the former Gift Certificates Act (amended by Act No. 4700 of Jan. 5, 1994), which provides that a person who intends to issue merchandise coupons shall be ordered to register the estimated issue amount and the form of merchandise coupon as prescribed by the Presidential Decree, shall not be deemed a comprehensive and complete restriction on rights, since Article 2 of the former Enforcement Decree of Gift Certificates Act (amended by the Presidential Decree No. 14156 of Feb. 2, 1994) provides that only the merchandise coupon indicating the amount shall be registered in the financial book for the purpose of establishing order in the merchandise coupon distribution and protecting the rights and interests of the owner by promoting a definite redemption of merchandise coupons, and it is reasonable in light of the purpose, necessity, and degree of restriction, etc. of restriction, it cannot be said that the freedom of business guaranteed by the Constitution was infringed or that it does not violate the principle of freedom of contract, and it shall not be deemed that the purpose of legislation of the Gift

B. A person who intends to issue a merchandise coupon shall issue a merchandise coupon with an order of registration for the issuance of merchandise coupon issued by the Minister of Finance and Economy under Article 16-2 of the same Act, Article 4 subparagraph 1 of the Enforcement Decree of the same Act, the Seoul Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do governor, who is delegated with the authority by the Minister of Finance and Economy under Article 4 subparagraph 1 of the same Act. Since the Mayor/Do governor cannot be identified as a person who intends to issue merchandise coupon with an order of registration for the issuance of merchandise coupon issued, a person who intends to issue merchandise coupon with an order of registration for the issuance of merchandise coupon issued by the competent Mayor/Do governor shall be deemed to have received an order of registration for the issuance of merchandise coupon issued by the head of the competent Mayor/Do governor. Therefore, the "person who issues merchandise coupon without the registration of merchandise coupon issued without the registration of merchandise coupon issued by the Mayor/Do governor" subject to punishment under Article 17 of the same Act shall be construed as including a person who issued merchandise coupon without the registration

A. B. Article 1-3(1) of the former Gift Certificates Act (amended by Act No. 4700 of Jan. 5, 1994); Article 2(1) of the former Enforcement Decree of Gift Certificates Act (amended by Presidential Decree No. 14156 of Feb. 2, 1994); Article 15 of the Constitution of the Republic of Korea; Article 1(2) of the former Gift Certificates Act; Article 16-2 and 17 of the former Gift Certificates Act; Article 4 subparag. 1 of the former Enforcement Decree of Gift Certificates Act

Defendant

Defendant

Attorney Song-ho

Busan District Court Decision 93No2083 delivered on December 8, 1993

The appeal is dismissed.

1. We examine the third ground for appeal.

Examining the evidence of the judgment of the court below and the judgment of the court of first instance cited by the court below in comparison with the records, it shall be sufficient to acknowledge the fact that the defendant committed a violation of the Gift Certificates Act in its judgment, and there is no reason to argue that there is no error of law due

2. We examine the first ground for appeal.

Article 1-3 (1) of the former Gift Certificates Act (amended by Act No. 4700 of Jan. 5, 1994), which provides that a person who intends to issue merchandise coupons shall be ordered to register the estimated issue amount and the form of merchandise coupons in the form of merchandise coupons as prescribed by the Presidential Decree (see Article 1 of the same Act) shall be for the establishment of order in the distribution of merchandise coupons and the protection of the rights and interests of the owners by promoting a reliable redemption of merchandise coupons (see Article 1 of the same Act). It shall not be regarded as a comprehensive and complete restriction on rights in the form of merchandise coupons only for merchandise coupons in the form of merchandise coupons indicating the amount under Article 2 of the Enforcement Decree of the same Act, and it shall be reasonable in light of the purpose, necessity, and degree of restriction, etc. of the restriction. Therefore, it shall not be deemed that there was a violation of the defendant's business freedom guaranteed by the Constitution,

3. We examine the second ground for appeal.

Article 17 of the former Gift Certificates Act provides that "any person who issues merchandise coupons without registering merchandise coupons as prescribed in Article 1-3 (1) shall be punished by a fine not exceeding five million won," and Article 1-3 (1) of the same Act provides that "the Minister of Finance and Economy may order a person who intends to issue merchandise coupons to register the estimated amount of issuance, the form of merchandise coupons, etc. as prescribed by Presidential Decree," and accordingly, Article 2 of the Enforcement Decree of the same Act provides that a person who intends to issue merchandise coupons shall register the estimated amount of issuance and the form of merchandise coupons in the finance book.

According to the contents of the above provisions, a person who intends to issue merchandise coupons shall issue merchandise coupons after receiving an order from the Minister of Finance and Economy to issue merchandise coupons issued by the Mayor of Seoul Special Metropolitan City, Metropolitan City Mayors, and Do Governors (hereinafter "Mayor/Do Governor") who are delegated with authority by the Minister of Finance and Economy pursuant to Article 16-2 of the same Act and Article 4 subparagraph 1 of the Enforcement Decree of the same Act. Since the Mayor/Do Governor cannot be known as a person who intends to issue merchandise coupons, a person who intends to issue merchandise coupons shall request the Mayor/Do Governor to issue an order to issue merchandise coupons to issue merchandise coupons and shall be ordered to issue merchandise coupons

Therefore, the "person who issues merchandise coupons without registering merchandise coupons as prescribed in Article 1-3 (1)" subject to punishment under Article 17 of the same Act shall be interpreted as including not only a person who issues merchandise coupons without registering merchandise coupons, but also a person who issues merchandise coupons without filing an application with the Mayor/Do Governor to issue an order to register the issuance of merchandise coupons, and a person who issues merchandise coupons without filing an order to register the issuance of merchandise coupons in the absence of an order to register the issuance of merchandise coupons.

Therefore, the judgment of the court below with the above purport is just and there is no reason to issue the above legal principles as to Article 17 or 1-3 (1) of the former Gift Certificates Act, and there is no error of law by misunderstanding the legal principles.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)