‘Parole’ Ordered By President Yoon … Judge Doesn’t Know Well

Introduced for the economically weak difficult job marketOnly ‘2.9%’ of the total from the first trial decision this yearIt is not clear if it is possible to sentence in the summary procedureSet clear standards and activate the system

Mr. A was fined for running errands at a gambling house for a living. He became a wanted candidate for failing to pay a fine. Meanwhile, he was assaulted by a drunk and went to the police station, but escaped the risk of finding a criminal record by using his friend’s social security number. However, Mr. A felt guilty and eventually gave up. He was sentenced to six months in prison and a fine of 2 million won for running errands at gambling dens and violating the Resident Registration Act. He had no money to pay the fine, so he had to work in prison until recently.

B, who lives with her daughter, who is an eight-month-old girl in second class, was charged with allowing her to use her account as a cannon account. He was sentenced to a fine last October, considering that he made his decision because he was forced to live in a living crisis, and because of his surrender. However, she and her daughter were cut off from life. If he is sentenced to a fine in accordance with article 69 of the Penal Code and does not pay it within 30 days, he must be replaced by prison labor. The daycare was closed due to Corona 19, so I couldn’t find work with my daughter.

The two managed to avoid the crisis by paying the fines in full with the help of Jangbaljang Bank, an organization that supports people in trouble because they could not pay the fines. There was also a way to ease his breath considering his situation during the trial. It is a sentence of probation with a fine.

Like incarceration or imprisonment, a fine can also be pursued. The law was revised as more and more people said they were going to work or face jail due to financial hardship. However, it is not yet known that parole is possible even with a fine. Immediately after Attorney General Yoon Seok-yeol received a two-month resolution on the suspension, he instructed the front-line prosecutors’ office to properly use the probation sentence of fines to avoid harm to the economically disadvantaged in Corona. 19.

According to the report on the Status of Implementation of the Probation System and Future Tasks published by the Legislative Investigation Directorate of the National Assembly on the 17th, 1,591 cases of evidence of fines were condemned to 1,591 cases among the first trials convicted of criminal proceedings in January to October this year. 4873 cases), only 2.9%. The parole rate for fines based on first trial was 1.4% in 2018 and only 2.8% in 2019. The proportion of parole between incarceration and incarceration was 57.2% in 2018 and 56.4% in 2019, which represents more than half of all convictions. The court recently sentenced a 60-year-old woman who escaped self-quarantine to probation in consideration of symptoms of dementia, and the business owner who violated business hours due to Corona 19 was sentenced to probation for considering that it was difficult financially and incurring a family illness. This was selected as an example of using the system.

Conditional release of fines is considered an unfamiliar system to judges. The Office of Legislative Investigation report noted that, for that reason, there is no specific standard for parole. Another reason was that it was unclear whether probation of execution was possible through summary proceedings that could impose fines or penalties for negligence only through a written hearing without going through trial under current law. Penalties subject to parole are largely imposed as summary orders. Japan stipulates in the Criminal Procedure Law that it is possible to suspend the enforcement of fines even with a summary order.

The court administration is also struggling with the revitalization of the fine sentence probation system. However, even if the requirements are not met, there is a possibility that the sentence of probation will be accepted as recommended. A judge in Seoul said: “It is not always desirable, but if he sees one more option in mind, he will approach the ruling more carefully.” However, as a judge, however, a lawyer or prosecutor may ask for parole first o He said: “It is difficult to sentence you to parole first even if you do not ask.

The report of the Legislative Investigation Department said: “It is necessary to prepare a separate criterion for the proof of execution of fines, and it is necessary to clarify whether the proof is possible even in the summary procedure.” You need to find a countermeasure. “