벌금형 집행 관련 문제점과 개선방안 - 특히 효율적인 벌금형 집행기구의 필요성과 이른바 ʻ벌금형 집행법ʼ 제정과 관련하여 -

Abstract

The aim of this thesis is for the reformation of the system of the monetary penalty through the analysis of the side effect of it in Korea. The object and purpose of the monetary penalty in Korea are not only for the punishment of the minor offense but also it has the function for the confiscation and additional collection including illegal asset recovery. There are some policies for the economical weak about the monetary penalty in Korea. The first, a stay of execution of the monetary penalty under certain conditions. The second, the conversion of the fine to the community service. The third, the divided payments of the monetary penalty. Nevertheless, it is not so much activated for the weak to have a stay of execution of the monetary penalty including the conversion of the fine to the community service or public work in Korea. It is necessary to revise the related laws for the efficient enforcement by evaluating the function of the monetary penalty and establish the effective authority for the fine enforcement. It is also requested to legislate the basis law for the reformation of the monetary system like day-fine system and enact the fine enforcement law for strengthening the law enforcement through the assessment and computation of the property reflected the economic conditions including the mutual assistance of the related authority for the fine enforcement.