징역형과 벌금형의 비례 관계에 관한 실증적 연구: 제정 형법과 현행 형법의 비교

Monetary penalty was imposed on more than 80 percent of the Korean first-trial criminal cases in 2016. Considering the fact that judge has a discretionary power to choose between imprisonment and monetary penalty, the amount of monetary penalty should be proportional to the length imprisonment. Also, longer imprisonment or more monetary penalty would be imposed on more serious crime. The aim of this paper is to test whether the amount of monetary penalty is proportional to the length of imprisonment. We made some useful variables from the 1953 and 2018 Korean penal code. And two important indicators; the average monetary value of imprisonment(AMVI), the marginal monetary value of imprisonment(MMVI) were estimated. Main findings are summarized as follows: First, the average amount of monetary penalty in the 1953 Korean penal code is 46 million won, which is much more than 10 million won of the 2018 Korean penal code. Second, the AMVI in the 2018 Korean penal code is only 20 percent of that in the 1953 Korean penal code. Third, the MMVI in the 2018 Korean penal code is only 31 percent of that in the 1953 Korean penal code. During the period of 1953- 2018, the proportionality between imprisonment and monetary penalty becomes very weak. We conclude that current Korean penal code is inferior to the original one in perspective of the punitive justice.