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Research on Effective Alignment of Collection Structure  of Defaulted Administrative Fine - Focusing on Collection Practice against Stalkers 사진
Research on Effective Alignment of Collection Structure of Defaulted Administrative Fine - Focusing on Collection Practice against Stalkers
  • LanguageKorean
  • Authors Seokku Kang, Myungsu Kim, Eunghyeok Chang, Hong-Whan Kim, Hye Seon Choi
  • Date April 24, 2023
  • Hit505

Abstract

1. Research Objective


 This research attempts to suggest how to realign the collection structure for defaulted administrative fines under the Act On The Regulation Of Violations Of Public Order(“the Act”) focusing on collection practice against stalkers while offering effective and practical options that could ensure the efficacy of reaction against stalkers.


2. Research Agenda 


This research analyzes the Act concerning the imposition and collection structure of administrative fines and draws systematic problems of the imposition and collection of administrative fines from a wholistic perspective considering other laws such as the National Tax Collection Act(concerning disposition on defaulted national taxes), and the Act on the Punishment of Stalking Crimes, etc.


 It looks into 1) the problems of the priority principle of the Act, lack of administrative communication procedure, and effects and procedure of appeal regarding the impos+ition structure of administrative fines, 2) the practical problems of disposition procedure including seizure, public sale, liquidation, entrustment of coercive collection, and deficits disposition regarding the collection structure of defaulted administrative fine, and 3) the practical problems about the efficacy of administrative fines as an early response to stalking crimes and confusion in practice at the turn of National Police into Municipal Police regarding the reaction against stalkers. The third part was written by external experts.


3. Policy Suggestions This research offers policy suggestions in both directions: enhancing the efficacy of execution of administrative fines under the Act and strengthening the effectiveness of early responses to stalking crimes. In the former direction, the research suggests how to complement the priority principle of the Act, to diversify coercive collection procedures of defaulted administrative fines, and to improve administrative communication procedures, in the latter direction, on the other hand, proposes to impose punishment on violation of emergency restraining order, which could be considered a de factostalking crime, to enhance the structure of responsible organization for stalking crime response, and to impose stalking treatment program attendance order together with other punishment. The research suggests how to regulate attribution and use of revenue from administrative fines imposed on stalking as well.

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