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National Assembly Legislation

  • Special Act on Income Contingent Loan
    • Competent Ministry : Ministry of Education
    • Advance Publication of Legislation : 2018-11-22
    • Opinion Submission Deadline : 2018-12-06
Reasons for Proposal

Statutory fines, along with imprisonment, are a typical means of criminal punishment, and should therefore be fair and rational to a degree where every person can agree.

However, statutory penalties among others are sometimes too small or too big, creating an irrational gap between the punishment of similar violations.

In particular, in cases where the amount is small compared to the illegality committed, it is difficult to achieve the criminal deterrence as originally intended.

Therefore, this proposal seeks to adjust the difference between statutory punishments and promote fairness in criminal punishment by amending the amount of fine to ten million won per one year of imprisonment, which is also the standard used in the Anti-Corruption and Civil Rights Commission recommendation and National Assembly Secretariat legislation rule (Article 33, paragraphs 2 and 3; Article 34).

Major Provisions

Article 41 (Punishment) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

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