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

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

Where the owner of a fishing vessel intends to change the details entered in a fishing vessel inspection certificate, he/she shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use a fishing vessel which has not undergone such inspection for navigation

The Defendant, as the owner of C, who is a fishing vessel, used the said vessel for navigation or fishing without undergoing a temporary inspection, even though he extended the structure upper upper part of the hull to increase approximately two tons of the gross tonnage (9.77 tons) stated in the fishing vessel inspection certificate on the said vessel.

2. The lower court acquitted the Defendant of the instant facts charged on the following grounds.

Article 27 (1) 1 of the Fishing Vessels Act does not delegate specific matters to be stated in the fishing vessel inspection certificate to the subordinate statutes.

Since there is no delegation of the Fishing Vessels Act, the gross tonnage shall not be deemed to fall under the contents stated in the certificate of inspection of fishing vessels under Article 27 (1) 1 of the Fishing Vessels Act.

Punishment of the defendant as a violation of the fishing vessel law is against the principle of criminal law.

3. It is not only impossible in fact to provide for all laws and regulations related to criminal punishment by law within a formal meaning without exception, but also inappropriate in fact.

The delegation legislation is allowed under the premise that the type, limit, and width of punishment are clearly defined in the aspect of the requirement of delegation law only in cases where there is an urgent need or inevitable circumstance where it can not be determined in detail by law in advance. This delegation does not go against the statutoryism of crime.

A delegation order may be issued when there is an individual delegation that sets forth the specific scope in the law or higher order.

The scope of specific delegations.