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Fine, Imprisonment for Fine Default and Community Service

  • DONG-A LAW REVIEW
  • 2009, (45), pp.299-323
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHOI BYUNG GAK 1

1동아대학교

Candidate

ABSTRACT

In 2007, the number of imprisonment for fine default was 29,891. Among them 19,114(63.9%) persons were sentenced to fine under 1 million won and the total amount of their defaulted fines was 15.9 billion(4.9%). In contrast 422(1.4%) persons were sentenced to fine more than 5 million won and the total amount of their defaulted fines was 175.5 billion(96.0%). This made the National Assembly enact a law to adopt community service as an alternative to imprisonment for fine default in 2009. According to the law, those who are sentenced to fine of small amount would be able to apply community service to the court via the prosecutor until 30 days after confirmation of sentence. The court has a discretion in approving community service based on willingness to pay fine, incapability of payment and suitability for community service. But it is unpredictable how many persons are willing to choose community service instead of paying fine. And the expansion of the probation office is essential to operate community service program properly.

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