법정형으로서 합리적 벌금형을 위한 필요조건

Considering legislative discretion and legislative policy of the National Assembly,limitation on the people's freedom and rights should be minimized to prevent legislation from infringing on essential contents of the basic rights. And when lawmakers asked judges to sentence and examine an offence, they should apply the principle of individualized punishment and to implement the principle of actual law-governed country by constitutional limitation. When lawmakers enacted and revised punishment rights, they were demanded to improve not only criminal contents corresponding to constituent conditions and factors but also legal punishment of each crime. Constitutional limitation means that laws don't run counter to the spirit of the Constitution. but doesn't mean that laws offer better or most rational solution. So legislators should seek the optimum degree of fines system within the limitation of Constitution. This paper studies resonable monetary penalty system, especially in connection with imprisonment. Basically fines should be proportional to imprisonment. Almost crimes have imprisonment as penalties. so term of imprisonment is able to be good or main criterion to be proportionate to illegality. And then in the same manner, fines to be proportional to imprisonment is able to be proportionate to illegality.