벌금대체 사회봉사제도의 실효성 확보방안

Abstract

The financially poor people had a method to discharge of payment or imprisonment by doing community service. A special law on the community service execution for the fine defaulters' was set and started from September 26, 2009. This law was considered, because financial inequality such as a tremendous gap between the rich and the poor caused the punishment inequality. There are a few advantages in the community service order system, as compared to detention in a prison workshop(labor imprisonment). First, laboring workers do not experience the separation from society under community service orders. This is the prominent merit of community service orders. Second, the community service order is the most advanced method of the inner-social treatment, in the view of openness and socialization. Third, the community service order, an alternative execution for fine payment, corresponds to purpose of the laboring imprisonment system. In other words, the community service order is to commit laboring workers to public labor work instead of paying fine as laboring imprisonment means to pay one's unpaid fine by working. The improvement of legislation system based the criminal law should be necessary for successful community service system first, and the legal reformation such as extension of execution period and the intensification on the condition for permission. Especially, the poor fine defaulters should be led to use the community service system by lightening the service conversion time. In conclusion, the community service order system must need heartful support and effort of our government and people because this system not only fulfill punishment purpose by community service works, but it also stops them to repeat crime, and supports them to return to our society successfully and to become our good neighbors.