재산형과 노역장유치 집행절차에 대한 소고

• 영문명: A note on the Enforcement Procedure of Pecuniary Penalty and Detention in a Work House
• 발행기관: 한국형사정책학회
• 저자명: 김현숙(Kim Hyeon Sook)
• 간행물 정보: 『형사정책』刑事政策 第26卷 第3號, 45~71쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

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.

목차

Ⅰ. 문제의 제기

Ⅱ. 현행법상 형집행장에 의한 재산형 및 노역장유치 집행절차와 집행현황

Ⅲ. 도출할 수 있는 문제점

Ⅳ. 벌금미납자에 대한 형집행절차의 개선방안

Ⅴ. 결론

참고문헌

키워드

재산형 노역장유치 형집행장 벌금미납 형사사법정보시스템 pecuniary penalty detention in a work house warrant of penalty excution fine default KICS