노역수형자에 대한 처우의 현실과 개선방안

Fine penalty has its forte in achieving the penalty effect of retribution and prevention of penalty without restricting personal liberty. In reality its effects vary according to individual financial competence economic means of body, and it can't function properly, unless effectiveness and balance in its enforcement are guaranteed. Despite of such a premise its effectiveness and balance should not come to an end of emphasizing severe enforcement of confinement against fine default prisoners. According to a report of National Human Rights Commission about actual condition of fine default prison, fine default prisoners were relatively under low living condition and bad health condition, two third among them were ex convicts and they have no sufficient contact with their family or acquaintance. And they have no work or simple and monotonous works in confinement facility. they are inmates out of consideration of correctional treatment in prison. Confinement against fine default prisoner lead to deprive of original function of fine penalty as non custodial sanction and make some doubt of the meaning of existence of fine penalty. Confinement should be consequently ultima ratio of means resolving fine default and as its alternative should be considered installment or adjournment of fine, social service order and suspended sentencing etc. And as measurements during its enforcement discharge of confinement, conditional release and open treatment should be taken as possible. For inmates under confinement against fine default should be provided independent facility, sceintific classification and individual human treatment, especially in prison work and medical care.