벌금형의 합리적 산정가능성

Fairly Calculation of the Amount of Fine

Although the fine remains as a much-used sentence, provisions for fine in criminal law are old and so-called use of custody for fine defaulter, who are very rich, has shown that our criminal system has big problems with respect to fine. National Assembly made a new provision to solve these Problems: Article 70, paragraph 2 of criminal law. According the provision, an offender who has not paid the fine and the amount of fine ist more than 100 millions won, must remain in jail at least 300 days. Imprisonment is the main penalty in our sanction system. But there is no reasonable standard in general provisions our criminal law section to convert the fine to imprisonment. Particularly the amount of fine, which is calculated with total fine system and is concurrently sentenced with imprisonment, can not correspond the responsibility of offenders. In special provisions in our criminal law, maximum of fine is not proportional to the period of imprisonment. In this Paper will be treated on the problematic in fine system and alternative shown: the day fine system is desired to introduce in our sanction system to mesure the amount of fine fairly.