벌금형 관련 2011년 형법개정안 분석 연구

Abstract

In March 2011, the Ministry of Justice introduced a new proposal for the general provisions of criminal law to the National Assembly for its approval. This study was performed to suggest valuable recommendations for the new proposal. The meta-analytic method, which compares and analyses the contents of earlier studies, was utilized to identify the differences and similarities of the contents and to narrow down the scope of this study. Also, the argumentation model, which brings forth a transparent counterargument to rebut against the existing claims, was utilized to reach conclusions. The conclusions of the study are as belows. First, an implementation of Day Fine system36) is recommended. The system consists of two steps. The first step is that the court determines the duration of the sentence by considering the gravity of a defendant’s crime. The second step is that the court calculates the amount of the defendant’s one-day fine by considering the defendant’s financial and individual conditions. Adoption of the system will enhance the effectiveness of the implementation of monetary penalties. Second, in cases of less serious crime such as a getaway of a defendant or dereliction of government officials, it should be allowed the court to choose either a monetary penalty or a jail sentence because imposing only jail sentences against those crime may make defendants experience the crime-breeding effect.37) Third, legislation should include a provision which authorizes the court to suspend the implementation of monetary penalties in cases where a person is unable to pay a fine or perform community services. Lastly, the legislation should also include a provision which allows a person to defer the payments based on his/her financial status or pay a fine in installments when appropriate.