벌금 집행유예 확대를 위한 형사정책적 방향 - 지난 2년의 시행성과 분석을 포함하여 -

Abstract

Recently, the revised Criminal law of the South Korea was amended to be able to suspend execution not only for imprisonment but also for fines of up to 5,000,000 won. The effective date of the amended provision was 7 January 2018. This amendment aimed to improve the irrationality that did not apply to fines that are lighter than imprisonment, and to solve the actual reality that frequently demands a suspend of execution of imprisonment because of fears that the accused will be held in imprisonment in a workhouse At the present time about two years after it became effective, this paper is the result of studying “Is the Suspension of the Execution of the Fine settled and operated well?” and “What are the problems that arise during the operation process and what are the ways to solve them?” First of all, I reviewed academic discussions leading up to the introduction of the system and the progress of legislation in the Korean National Assembly. I analyzed the reasons for the poor results in the relevant statistics for the past two years, characteristics of several real cases, Lastly, included my own policy direction on how to expand and apply and settle as a substantial system. The policy direction mentioned in this paper is as follows; 1) The upper limit of 5,000,000 won needs to be deleted or revised to the number of day(day fine system) to consider fairness with the imprisonment, 2) Procedural changes are also needed to enable suspension of the execution of the fine in summary procedure. 3) Sentencing and suspension of the execution standards for fines should be maded. 4) In the application of suspension of sentence and suspension of excution, legislative distinction is needed. 5) It is necessary to revise the qualification of suspension of sentence and execution, cancellation, invalidity, and additional measure. 6) It is necessary to improve the awareness of judges who think that this is an exceptional and special procedure for those who cannot afford to pay fines.