형벌의 불균형과 일수벌금제의 도입

Abstract

A recent amendment of criminal law and the introduction of sentencing guideline have made the problem of imbalance on the criminal punishment, especially between the imprisonment and fine, more seriously. There was unreasonable deviation for the statutory penalty of the imprisonment and fine in exisiting laws, beacause it didn't form a regular proportional-relationship and it was regulated quite arbitrarily. And exisiting total amount fine-system itself was bound to lead to an imbalance between people who have been sentenced to punishment. In other words, according the amount of property, the degree of pain by punishment appeared very differently. Thus, it is inevitable that daily fine-system must be introduced to relieve the underlying problem of fine-system to some extent and adjust the imbalance between the imprisonment and fine. Conditions that can identify an individual's income have been made to some extent depending on the changed social situations. That means we don't need to postpone the enforcement of daily fine-system which is imposed differential rate depending on personal income. We need to refer to the legislation of the countries that have been carried out the daily fine-system, and set up the number of days of a fine and the amount of a fine a day, appropriate to our situation. These solutions should be taken into account on the amendment of the criminal law. We already have suggested several amendments including the number of days of a fine and the amount of a fine a day, according the daily fine-system. Therefore, we should gather the wisdom in the legislative process by referring to these efforts.