지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
In March 2011, the Ministry of Justice introduced a new proposal for the general provisions of criminal law to the National Assembly for its approval. This study was performed to suggest valuable recommendations for the new proposal. The meta-analytic method, which compares and analyses the contents of earlier studies, was utilized to identify the differences and similarities of the contents and to narrow down the scope of this study. Also, the argumentation model, which brings forth a transparent counterargument to rebut against the existing claims, was utilized to reach conclusions. The conclusions of the study are as belows. First, an implementation of Day Fine system36) is recommended. The system consists of two steps. The first step is that the court determines the duration of the sentence by considering the gravity of a defendant"s crime. The second step is that the court calculates the amount of the defendant"s one-day fine by considering the defendant"s financial and individual conditions. Adoption of the system will enhance the effectiveness of the implementation of monetary penalties. Second, in cases of less serious crime such as a getaway of a defendant or dereliction of government officials, it should be allowed the court to choose either a monetary penalty or a jail sentence because imposing only jail sentences against those crime may make defendants experience the crime-breeding effect)?) Third, legislation should include a provision which authorizes the court to suspend the implementation of monetary penalties in cases where a person is unable to pay a fine or perform community services. Lastly, the legislation should also include a provision which allows a person to defer the payments based on his/her financial status or pay a fine in installments when appropriate.
목차
I. 서론
II. 벌금형 관련 기존 문헌의 고찰
III. 2011년 형법개정안의 내용분석과 문제점
IV. 문제점별 대안에 대한 실효성 검토
V. 결론
참고문헌
Abstract
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UCI(KEPA) : I410-ECN-0101-2013-360-001499085