Have you ever watched the Netflix drama titled Boy Referee? In this drama, a world where even 11-year-old boys, who don’t even go to middle school yet, commit unspeakable crimes that would be on the front page of the news without a hitch. The juvenile law of the Republic of Korea exposes the widespread negative perception of criminal responsibility or anticipation of a reduction in sentence. ST would like you to think about the criminal minor, while also taking a closer look at this juvenile law that young boys abuse ..................................Ed
Recently, a growing number of juvenile offenders are committing crimes by exploiting juvenile law in Korea. As a result, it is said that the juvenile law should be revised. Then, let’s have a look into what the Juvenile Act is and examine the seriousness of the situation through examples.
According to Article 4 (1) 2 of the Juvenile Act, boys between the ages of 10 and 14 who have committed acts that persist in penal statutes are judged as juvenile protection cases. This is called the “Juvenile Delinquent.” It is true that there is no punishment, but offenders can be kept in juvenile detention for up to two years through No. 10, the strongest of protective measures. However, children under the age of 10 are not only criminal minors under the criminal law, but also not subject to sanctions under the juvenile law. Therefore, unlike a juvenile delinquent, protection measures cannot be imposed if a crime is committed. Criminal punishment and protection are not possible even for juvenile offenders, and disciplinary action at the school level and civil damages claims against guardians can be made.
In December 2021, a group of high school students who were reported drinking at a bar in Seoul suddenly resisted the request for ID cards and assaulted the police. In addition, the girls threatened the police by saying they would report sexual assault if they were touched. So, the police subdued them and sent them home for now because they were minors. However, the minors refused and reported that the police had over-suppressed them. In addition to this case, a series of media reports on the abuse of a juvenile delinquent have turned public opinion on the criminal minor‘s system into a very negative one. As a result, discourse on revising the system began to emerge among the political and legal circles. In the 20s, political circles began to insist on lowering the age from under 10 to under 13. On March 30, 2022, the Ministry of Justice reported that it would consider lowering the age standard for juvenile offenders. At this time, it is said that the downward trend of age is likely to be under the age of 12.
There are two main reasons for the increase in juvenile crime. First, abuse is possible. According to data submitted by the Ministry of Justice, the acceptance rate of 10 youth centers nationwide is nearly 130 percent. That’s why unless it’s massive violence or gross negligence crimes, we have no choice but to deal with them by telling them to manage them well at school or at home. The boys are well aware of this and abuse it. They are well aware that their age is a weapon, and that light crimes are overlooked, while heavy crimes are not greatly punished. Even if an adult overpowers these boys, the adult is punished. The second is a lack of follow-up action. The reason for the discussion on the abolition or revision of the juvenile law is that the juvenile law does not confer punishment according to the crimes committed by the juvenile. ST hopes that Soongsilians will also be more interested in the issues of juvenile delinquency and hope for this reality.
Choi Hyeung-jun(ST Cub-Reporter)
ohmygod15965@soongsil.ac.kr
