일수벌금형 제도 도입에 대한 정당성

Abstract

I present a justification for the introduction of the Day-fines system as an alternative to the total fine system in Korea's criminal law. Fines is an effective means of countering crime in capitalism. Despite the many advantages of fines, there are many voices of improvement. This is because Korea's criminal law chooses a total fine system. Since the economic ability of criminals is not considered, the punishment effect is unequal. The main argument put forth is that the total fine system lacks equality in its punishment effect and fails to consider the economic ability of criminals. The rich pay fines from their wallets, and the poor pay fines with their own bodies. Many scholars argue for the introduction of a daily penalty system to resolve inequality in the punishment effect, but some argue against the introduction of the Day-fines system. This paper argues that there is a problem with the arguments argued by the opponent. To this end, the problems of the total penalty system were first explained. The biggest problem was the inequality in the punishment effect, the difficulty of responding to changes in economic conditions afterwards, and the lack of reasonable conversion standards between alternative imprisonment and fines. From a theoretical perspective, I argue that fines should be implemented to achieve practical equality rather than formal equality. First, fines should be implemented from the perspective of practical equality, not from the perspective of formal equality. The Day-fines system is a means of realizing equality of punishment effects. In addition, the Day-fines system does not violate the principle of responsibility under the criminal law. The court should consider not only the offender's sensitivity to punishment but also their acceptance of punishment during the sentencing process. Penal sensitivity, or the suitability of responsibility for punishment, does not mean that an objectively equal sentence must be sentenced in similar cases, but that equality of personal punishment pain is important to subjectively feel the same punishment pain. The Day-fines system is a system consistent with the idea of justice and the individualization of punishment because the actor has the same adaptability to punishment. From a special preventive point of view, the Day-fines system is an effective punishment. The Day-fines system is justified from a policy point of view. The problem of investigation and prematureness of economic magnetism needs to take into account the investigation capabilities. In addition, if it is difficult to accurately investigate economic capabilities, it is also possible for judges to estimate or estimate the Defendant's economic status in consideration of various comprehensive circumstances. The Day-fines system increases the possibility of suppressing the alternative imprisonment, and when the alternative imprisonment is implemented, the criteria can be relatively easily presented. It also has the advantage of being flexibly applied to changes in economic conditions such as inflation. In conclusion, I assert that the Day-fines system is justified both theoretically and from a policy perspective. It is seen as a more equitable and effective punishment compared to the total penalty system. As introduced and implemented in many countries, Korea needs to introduce and implement it as soon as possible. Future discussions on the Day-fines system should focus on rational and feasible policy-making measures beyond the argument for the legitimacy of the introduction of the system.