재산형과 노역장유치 집행절차에 대한 소고

A note on the Enforcement Procedure of Pecuniary Penalty and Detention in a Work House

Criminal Procedure Act art.474 sets forth the warrant of execution of penalty and the warrant of execution of penalty has the same effect as the warrant of detention. Besides the provisions on detention of the defendant apply mutatis mutandis to execution of warrant of execution of penalty. As regards the execution of sentence of detention in the workhouse because of inability to make full payment of a fine, the provisions relating to the execution of penalties apply mutatis mutandis. Because it is less costly, minimizes the negative effects of imprisonment, and makes possible to those fined easy to reintegrate to the society, the use of pecuniary penalty as an alternative of short-term confinement has increased. But under current law offenders who cannot afford to pay the amount of fine are placed to the work houses where manual labor is substituted for pecuniary penalty. In such a case, a warrant of execution of penalty is executed by a judicial police officer under the direction of a public prosecutor. At this time, police officer takes into work house or police station's jail(lockup: Act on the Performance of Duties by Police Officers art.9). With these basic grounds, this article explores the current state of detention in work houses and then find out some problems and alternatives of current enforcement procedures. There is no legislation for enforcement of fines and no legal basis for prosecutors' office enforcement department agents to enforce unpaid fines except imprisoning fine defaulters. So an appropriate legislation is required for this legislative blank. In addition, the execution of warrant should be the minimum required means for providing an opportunity to fine defaulters for payment, because it is undoubtedly to confine someone.