The appeal is dismissed.

The grounds of appeal are examined.

1. As to the allegation of the grounds of appeal that it exceeded the bounds of delegation legislation, it is practically impossible and inappropriate to stipulate all laws and regulations related to criminal punishment in the law within the formal meaning without exception.

In cases where there is an urgent need or there is an inevitable circumstance that cannot be determined in detail by a prior law, if the delegation law specifically determines the scope of the act subject to punishment with respect to the constituent elements, and the type, limit, and scope of punishment are clearly prescribed, such delegation legislation does not go against the statutory principle of crime (see, e.g., Supreme Court Decision 2012Do16383, Mar. 28, 2013). Article 23(1) main sentence of the former Distant Water Fisheries Development Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply) provides for “a person who intends to operate a deep-sea fisheries-related business shall report a business plan to the Minister of Agriculture and Forestry Food and Drug Administration, as prescribed by Presidential Decree.

Article 33 (2) 2 provides that a person who conducts a deep-sea fishery-related business without filing such a report shall be punished.

In addition, Article 2 subparagraph 3 of the former Act on the Development of Raw Fisheries Industry refers to the business of transporting, processing, distributing, selling, etc. fishery products produced from deep-sea fisheries by nationals of the Republic of Korea, solely or jointly with foreigners, and fishery products produced from investment in a manner prescribed by Presidential Decree in a foreign country (including aquaculture and businesses incidental thereto).

The term "the method prescribed by Presidential Decree" in Article 3 of the Enforcement Decree of the Distant Water Fisheries Development Act means that a national of the Republic of Korea acquires a right to the development of fishery resources, solely or jointly with a foreigner, and invests facilities or funds," the citizen of the Republic of Korea has acquired the right to the development of fishery resources.