The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined.

The interpretation of penal provisions must be strict, and it is not permitted because it is against the principle of no punishment without the law to excessively expand or analogically interpret the meaning of the express provisions to the disadvantage of the defendant.

The principle of statutory interpretation is likewise applicable to interpreting the provisions of administrative laws and regulations in cases where the subject matter of the penal provisions is the subject matter of the penal provisions (see, e.g., Supreme Court en banc Decision 90Do1516, Nov. 27, 1990; Supreme Court Decision 2006Do4582, Jun. 29, 2007). Article 33(1) of the Animal Protection Act provides that “a person who intends to engage in business under Article 32(1)1 through 3” (i.e., a person who intends to engage in business under Article 32(1) of the Animal Protection Act; or a person who intends to engage in animal funeral business, animal sale business, or animal import business related to an animal that is raised for the purpose of returning it at home, such as a dog, batto, etc. prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs (hereinafter referred to as “compet animal”), and Article 46(4)1 of the Animal Protection Act provides that “a person shall be punished by a fine not exceeding one million won.”

In addition, Article 32(2) of the Animal Protection Act provides that “The detailed scope of business prescribed in each subparagraph of paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.” According to delegation, Article 36(2) of the Enforcement Rule of the Animal Protection Act (hereinafter “Enforcement Rule”) provides that animal sales business shall be construed as “business of selling or arranging companion animals to consumers,” and Article 36(3) of the Enforcement Rule of the Animal Protection Act provides that animal import business shall be construed as “business of importing companion animals to sell or arrange companion animals to business operators, such as sellers of animals and manufacturers of animals, etc.