벌금형의 합리적 산정가능성

• 영문명: Fairly Calculation of the Amount of Fine
• 발행기관: 한국형사정책학회
• 저자명: 최준혁(CHOI Jun Hyouk)
• 간행물 정보: 『형사정책』刑事政策 第26卷 第3號, 9~44쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

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.

목차

Ⅰ. 들어가며

Ⅱ. 벌금형에서 벌금을 산정하는 방법

Ⅲ. 형법 제70조 제2항에 대한 검토

Ⅳ. 대안

Ⅴ. 맺으며

참고문헌

키워드

자유형 재산형 대체자유형 형법 제70조 제2항 일수벌금제 fine imprisonment use of custody for fine defaulter. day fine system