Assemblyman So Byeong-cheol Proposes Partial Amendment to the Criminal Act Introducing the 'Asset-Proportional Fine System'

Rep. So says fines should be "proportionate to economic capacity for fair law enforcement."

[Asia Economy Honam Reporting Headquarters Reporter Lee Hyung-kwon] A partial amendment to the 「Criminal Act」, centered on the ‘Asset-Proportional Fine System,’ has been proposed.

On the 17th, Democratic Party lawmaker So Byung-chul (Suncheon-Gwangyang-Gokseong-Gurye Gap, Judiciary Committee) announced that he had officially proposed the 「Partial Amendment to the Criminal Act」 to impose fines differentially according to the economic power of the offender.

The current fine system operates on a total amount basis, which has been criticized for applying penalties disproportionately depending on an individual's financial capacity.

When the same fine is imposed, those with greater economic power bear a lighter payment burden compared to those with less economic power, resulting in the deterrent purpose of punishment being applied unequally.

Additionally, if fines are not paid, offenders may be detained in a labor camp for up to three years, raising ongoing concerns about the so-called ‘Emperor Labor’ issue for high-value fine payers.

Although fines serve as a means of property deprivation and are suitable punishments in modern society, the uniform imposition of fines without considering assets and income causes substantial inequality in punishment and undermines the principle of accountability, according to lawmaker So.

Accordingly, the amendment separates fines into days and daily amounts, where the number of days indicates the severity of the offense and the offender’s illegality and responsibility based on sentencing guidelines, and the daily amount is determined by considering the defendant’s economic circumstances, allowing fines to be set rationally and justly.

According to the amendment, the final fine amount is the product of the number of days and the daily amount.

Meanwhile, the calculation of the daily amount is based on the defendant’s assets and average daily income, enabling a comprehensive assessment of the defendant’s economic capacity regardless of whether they are a salaried worker.

Furthermore, to efficiently ascertain the defendant’s economic ability, the amendment newly allows courts to request related documents from public offices or public organizations.

The existing detention period in labor camps will follow the fine days under the amended law, clarifying the standards for substitute detention.

The so-called ‘day-fine system,’ which calculates fines based on days, was first introduced in Finland in 1921 and has since been adopted and operated in Sweden (1931), Denmark (1939), Germany (1975), Austria (1975), and Switzerland (2002).

Lawmaker So Byung-chul stated, “Many citizens consider the current uniform and arithmetic fine imposition unfair,” adding, “Considering property in fine calculation has been discussed in Korea for over 30 years,” and emphasized, “Given the importance of punishment, effective and timely system improvements are urgent.”

He also said, “Further improvements such as installment payment of fines and reform of labor camp detention systems are necessary,” and expressed hope that “starting with this bill proposal, meaningful legislative discussions that gain public consensus and social significance will actively take place.”

Meanwhile, on the 22nd, lawmaker So plans to hold an online seminar titled ‘Legislative Measures for the Asset-Proportional Fine System’ with the Korea Institute of Criminology and Justice to spread social consensus on the amendment and secure momentum for legal reform.

The seminar will share previous research results on the asset-proportional fine system and engage in in-depth discussions on the system’s legitimacy and implementation methods.

This amendment was co-proposed by 14 lawmakers, including Democratic Party members Kim Jong-min, Min Byung-duk, Park Beom-gye, Park Wan-joo, Seo Sam-seok, Song Ki-heon, Song Jae-ho, Lee Kwang-jae, Lim Ho-sun, Jin Sung-jun, Hong Young-pyo, Open Democratic Party member Choi Kang-wook, and independent lawmaker Yang Jeong-sook.

This content was produced with the assistance of AI translation services.