일수벌금제도의 도입에 관한 연구

A Research on the Day Fine System

Since a few decades, it has been argued that the fine system is to be changed to a daily-based one. Day Fine system means that the court should sentence the term of fine and the amount of day fine separately, and the term is decided on the criminal responsibility and the amount of day fine is to be fixed in proportion with the economic condition of the convicts. For this system, it is suggested that it is fairer than the present fine system because the burden of the same amount of fine can be so much different to the people having different economic wealth and income. However, there has been strong counter argument to this day fine system. They said that it has some question with the principle of the proportionality("Schuld Prinzip" in German) and more seriously it is very difficult to find out the convict's economic condition exactly. So, this essay tries to answer these two questions. First, it reviews the theoretical opposement of the day fine system and propose a new perspective of the fine as a punishment. Second, this essay suggests some way of probing the economic condition of the convicts and argues that now it is possible to introduce this new kind of fine system.