일수벌금형제도의 도입방안에 대한 제언

Abstract

The sum total fine penalty system, which is the monetary penalty system of the existing criminal law, faces controversy that a criminal’s illegality and responsibility cannot be computed at an accurate sum. Also because the criminal’s financial status is not considered, when substitute imprisonment is enforced, the poor are forced to choose short term imprisonment while the rich do not receive enough punishment. The imposition of the “day fine system” is desirable to solve the problems of the sum total fine penalty system for the following arguments. First, “day fine system” serves as a reasonable monetary penalty system. When imposing legal liability as a result of illegality, the wrongdoer’s financial status is considered. As a result, a judge’s arbitrary decision is avoided, minimizing the gap of punishments. Second, the criminal justice system develops trust through giving out equal effects of punitive action. Furthermore, the rate of enforcing substitute imprisonment declines, which helps protect fine defaulters from negative effects of short term imprisonment. Third, “day fine system” presents a standard of shifting monetary penalty to either restriction of physical freedom or social service order as a result of abolishing imprisonment in workhouse. At the time of the legislation, changes in economic circumstances (e.g. the real-name property ownership system, the real-name financial transaction system) occurred. This made it easier to collect financial information, which is why “day fine system” would be a desirable imposition. Forth, the negative consequences of short term imprisonment can be avoided. When the degree of crime is high and the judge has a choice of sentencing imprisonment or monetary penalty, the judge has a tendency to sentence imprisonment. However “day fine system” reduces such tendency and expands the range of monetary penalties. This can help reduce negative effects of short term imprisonment and displays a clear standard when sentencing detention in labor house to fine defaulters. Fifth, the expense of “day fine system” is more reasonable compared to medium restrictions such as probation, custody through electronic surveillance, daily reporting centers, inpatient (outpatient) treatments in drug treatment centers etc. As this system substitutes short term imprisonments, criminals who are a larger threat to public safety can be committed to costly centers such as prisons, detention centers, and probation sources. Sixth, “day fine system” allows the judge to consider the economic situation when sentencing a monetary penalty, resulting in a larger sum of revenue. This reduces the expense of supervision. I suggest the amendment of law based on the imposition of the “day fine system”.