일수벌금제 도입에 관한 연구

Abstract

The fine is nowadays an important punishment that accounts for most of the sentence in handling criminal cases, including summary orders. However, in Korea, the existing fine system is based on total amount fine system that presents the same amount of fine according to the nature of crime, regardless of the economic situations of offenders. In addition, if they can not pay their fines, they will be sentenced to imprisonment in labor house, resulting in short term imprisonment. This means that even if the same amount of money is imposed for the same act, the practical effect on punishment can vary depending on economic abilities. That is, the current total amount fine system has a problem in that imposing unequal punishment on them due to economic abilities. It is an unreasonable phenomenon that economic inequality leads to punishment inequality. Thus, as the current total amount fine system does not reflect offenders' economic abilities, it has been pointed out that the purpose of criminal punishment can not be achieved. The poor are forced to short term imprisonment by the imprisonment in labor house but the rich aren't. As the gap between the rich and the poor is ever growing by changes in society, the value of money is no longer equal to anyone. However, the current fine system does not reflect the gap between the rich and the poor, so it is not keeping pace with changes in our society. The effect of punishment that must be enforced fairly is unjust according to economic abilities, and it is becoming more severe punishment for the poor. It says that the current fine system has a serious problem. On the other hand, there has been considerable debate about the introduction of day-fines system as an alternative in order to improve the problem of total amount fine system. The day-fines system is a system to calculate 'the number of days of a fine' according to illegal act and liability of actor and 'the amount of a fine a day' considering actor's economic ability. That is, the fine is imposed to be differential rate depending on economic ability. Of course, the day-fines system is not the only alternative to solve all the problem of total amount fine system. Moreover, the introduction of day-fines system as an alternative can change the fundamental structure of current fine system that has been maintained for a long time. Despite of many problems, it is necessary to make various efforts to introduce the day-fines system in order to solve 'the imbalanced effect of punishment', which is a fundamental problem of the current fine system. It must be prepare thoroughly in advance to be successful for the introduction of day-fines system. More importantly, it is the core of day-fines system to accurately assess offender's economic ability and to calculate 'the amount of a fine a day' which is proportional to the economic ability. Therefore, the presentence investigation system should be used for setting conditions to investigate offender's economic ability. It is needed to consider a measure to grant the court the authority in order to make estimates on the basis of the related materials in case the precise investigation is inevitable. It is also necessary to consider establishing a legal basis to allow the court to request the related materials to the bank or the company that offender engages in through the introduction of property inquiry system under the Civil Execution Act. Further, along with the establishment of sentencing guideline as to 'the number of days of a fine', there is need for the substantive enactment for the upper and lower limits of 'the number of days of a fine' and 'the amount of a fine a day' in consideration of legal security and predictability. As the value of money changes, the fine should no longer be a punishment to deprive some of the property, but a punishment to deprive the property of earning for some time. The amount of fines for the same criminal acts should be such that offenders can feel the burden, that is, the criminal punishment. Consequently, through the introduction of day-fines system, the criminal effect should be applied to everybody equally as criminal penalty.