법정형으로서 합리적 벌금형을 위한 필요조건

• 영문명: Fines to be proportional to imprisonment
• 발행기관: 한국형사법학회
• 저자명: 김혜경(Kim, Hye-Kyung)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제2호, 107~137쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

Considering legislative discretion and legislative policy of the National Assembly, limitation on the people's freedom and rights should be minimized to prevent legislation from infringing on essential contents of the basic rights. And when lawmakers asked judges to sentence and examine an offence, they should apply the principle of individualized punishment and to implement the principle of actual law-governed country by constitutional limitation. When lawmakers enacted and revised punishment rights, they were demanded to improve not only criminal contents corresponding to constituent conditions and factors but also legal punishment of each crime. Constitutional limitation means that laws don't run counter to the spirit of the Constitution. but doesn't mean that laws offer better or most rational solution. So legislators should seek the optimum degree of fines system within the limitation of Constitution. This paper studies resonable monetary penalty system, especially in connection with imprisonment. Basically fines should be proportional to imprisonment. Almost crimes have imprisonment as penalties. so term of imprisonment is able to be good or main criterion to be proportionate to illegality. And then in the same manner, fines to be proportional to imprisonment is able to be proportionate to illegality.

목차

Ⅰ. 들어가며 - 법정형 정비의 합리성

Ⅱ. 현행법상 벌금형의 부과방식과 기능

Ⅲ. 벌금형 부과의 적정성 기준

Ⅳ. 징역형 비례적 벌금형 산정을 위한 개선방안

Ⅴ. 마치며

[참고문헌]

[Abstract]

키워드

벌금형 비례의 원칙 총액벌금형 배수벌금형 병과형 양벌규정 선택형 형종 책임원칙 legal punishment fine the principle of proportion balance of legal interest penalty against employer and employee.