"'Ji·Ok·Go' Residents Face High Risk of Arrest... Background of the 'Jangbaljang Act'"

Lee Tan-hee, member of the Democratic Party of Korea./Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Park Cheol-eung] "'People who pay monthly rent can be detained on the grounds that they might flee by forfeiting a low deposit, while those who pay jeonse (key money deposit) are released because they are considered less likely to flee.'

This is what Lee Tan-hee, a member of the Democratic Party of Korea, recently explained when proposing the so-called 'Jean Valjean 3 Laws.' He also pointed out, "'Hell housing' (banjiha, rooftop rooms, goshiwon), one-room apartments, etc., are places where even if the criminal charges are not severe and there is no prior record, the possibility of detention is high."

The aim is to improve the system that sets fines based on an individual's income and assets and detains people due to unstable housing. The unfairness of the judiciary, often described as 'justice for the rich, injustice for the poor,' is the target.

When deciding on detention, 'unstable housing,' meaning lack of fixed residence, is an important factor. Lee said, "If someone is detained due to unstable housing, they lose their job, which worsens poverty and leads to a vicious cycle of committing other livelihood-related crimes." He proposed an amendment to the Criminal Procedure Act to exclude unstable housing as a factor.

He also proposed the introduction of an income-linked fine system (day-fine system). He cited data from the Korea Economic Research Institute's '2018 Wage Worker Annual Salary Analysis.' The median annual salary of workers was 28.64 million KRW, while there were chaebol chairpersons earning over 10 billion KRW annually. The wage gap is 350 times, so if both are fined 10 million KRW for the same crime, the punitive effect would inevitably differ greatly.

Therefore, he suggested introducing a day-fine system that imposes fines differentially according to income level and asset size. The day-fine system was first introduced in Finland in 1921, followed by Sweden (1931), Denmark (1939), Germany (1975), Austria (1975), and Switzerland (2002). France adopted both the total fine system and the day-fine system in 1983.

Additionally, he proposed an amendment to the Criminal Procedure Act requiring prosecutors to explain to judges and notify the head of the relevant local government when detaining a suspect who has minor children, if detention is unavoidable.

Lee said, “The current system is harsh especially on the poor even when committing the same crime, making rehabilitation more difficult. We need to improve it.” He added, “I hope the Jean Valjean 3 Laws will stop the revolving door of criminalizing poverty.”