Juvenile Laws at South Korea
South Korea's juvenile justice system emphasizes rehabilitation over punitive measures, reflecting a societal belief in the reformability of youth offenders.
⚖️ Legal Framework
Juvenile Act: Establishes guidelines for handling minors aged 10 to 18 who commit offenses, focusing on protective dispositions aimed at reformation rather than criminal punishment.
🧒 Age of Criminal Responsibility
Under 10 Years:Children under 10 are exempt from criminal responsibility and cannot face legal punishment
10 to 13 Years:Minors in this age group, termed "criminal minors," are subject to protective dispositions, including community service or placement in youth correction institutions, rather than criminal penalties
14 to 18 Years:Juveniles can face criminal charges and, if convicted, may receive reduced sentences. For example, the death penalty or life imprisonment is commuted to a maximum of 15 years of imprisonment for offenders under 18
🏛️ Juvenile Justice Procedures
Protective Dispositions For minors under 14, offenses typically result in protective measures such as attendance at lectures, community service, or placement in juvenile facilities, aiming to guide and reform rather than punish.
Criminal Procedures Offenders aged 14 and above may undergo criminal trials, with considerations for reduced sentencing due to their age.
🛑 Recent Discussions and Reforms
*Lowering the Age of Criminal Responsibility: In 2022, the Ministry of Justice proposed lowering the age limit from 14 to 13, making 13-year-olds subject to criminal punishment. However, this proposal faced opposition from the National Court Administration, which questioned its efficacy in addressing juvenile crime and emphasized the importance of rehabilitation-focused procedures.
*Handling Serious Offenses: Between 2017 and 2022, only about 3% of serious crimes committed by juveniles aged 14 to 18 resulted in criminal punishment, with the majority receiving protective dispositions. This disparity has sparked debates about judicial fairness and the potential for misuse of the protective system.
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South Korea's juvenile justice system strives to balance societal protection with the belief in the potential for youth reform, continually adapting to emerging challenges and societal concerns.
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