형집행정지제도 운용상 문제점 및 개선방안 연구

Abstract

A stay of sentencing is a ruling that allows the convicted, who has been sentenced to jail, confinement or detention, who has any humanitarian reasons, which confirm to any issues of the first clause of Article 470, similar with the first clause of article 471, under the criminal code procedure law pertaining to not giving any disadvantages except for purpose of an execution. But, commentators may question the fairness of rulings, because a prosecutor has decided to allow a stay of sentencing only forpublic characters, such as politicians, businessmen, or top ranking officials. Meanwhile, the suitor who gets a stay of sentencing may run away and some of them may commit a second offence, it is against to essential purpose of a stay of sentencing and the punishing authority may have a problem prosecuting. The chief constable observes, and reports, once a month, about people who have been released by a stay of sentencing, following the prosecutor's directions. But,it shows the limitations, because of a lack of understanding of a police officer's heavy workload. So, to accomplish the essential purpose of a stay of sentencing, a judging committee introduction is needed for ensuring the equality and fairness of a judgment in a stay of sentencing. Also, an observing duty of police officers has to be changed into probation duty to prevent the escape and the committing of a second offence. After investigating these plans, we need to complement, institutionally, by establishing basic rules which regarding the code of criminal procedure or recent probation. If these legal and institutional supplements are arranged, then the problems regarding the application of the law will be solved, and the execution of sentence of nation will be used efficiently, thereby gaining the essential purpose of the stay of sentence, which is used in a humanitarian sphere, can be viewed positively.