재산형과 노역장유치 집행절차에 대한 소고

Abstract

Criminal Procedure Act art.474 sets forth the warrant of execution ofpenalty and the warrant of execution of penalty has the same effect asthe warrant of detention. Besides the provisions on detention of thedefendant apply mutatis mutandis to execution of warrant of execution ofpenalty. As regards the execution of sentence of detention in theworkhouse because of inability to make full payment of a fine, theprovisions relating to the execution of penalties apply mutatis mutandis. Because it is less costly, minimizes the negative effects ofimprisonment, and makes possible to those fined easy to reintegrate tothe society, the use of pecuniary penalty as an alternative of short-termconfinement has increased. But under current law offenders who cannotafford to pay the amount of fine are placed to the work houses wheremanual labor is substituted for pecuniary penalty. In such a case, awarrant of execution of penalty is executed by a judicial police officerunder the direction of a public prosecutor. At this time, police officertakes into work house or police station’s jail(lockup: Act on thePerformance of Duties by Police Officers art.9). With these basic grounds, this article explores the current state ofdetention in work houses and then find out some problems andalternatives of current enforcement procedures. There is no legislation for enforcement of fines and no legal basis for prosecutors’ office enforcement department agents to enforce unpaid fines except imprisoning fine defaulters. So an appropriate legislation is required for this legislative blank. In addition, the execution of warrant should be the minimum required means for providing an opportunity to fine defaulters for payment, because it is undoubtedly to confine someone.