Juvenile Offender (Chokbeopsonyeon)
Overview
A juvenile offender (觸法少年, chokbeopsonyeon) refers to a minor aged 10 to under 14 who, despite having committed a criminal act, is not subject to criminal punishment because they are below the age of criminal responsibility. Under Article 9 of the Criminal Act and Article 2 of the Juvenile Act, they are deemed to lack criminal capacity and, instead of being sent to the prosecution or undergoing criminal trial in court, receive corrective and educational measures such as protective dispositions. Recently, with the trend of younger perpetrators in heinous crimes, social controversy over the juvenile offender system has intensified, and discussions on legal amendments are actively underway.
Main Content
Legal Basis and Definition
- Article 9 of the Criminal Act: "An act committed by a person under 14 years of age shall not be punished." This provision sets the age of criminal responsibility at 14.
- Article 2 of the Juvenile Act: Defines a juvenile offender as "a minor aged 10 to under 14 who has committed an act that violates criminal laws." Those under 10 are not subject to the Juvenile Act at all even if they commit a crime, and their civil liability is also limited.
- Criminal Juvenile (Beomjoesonyeon): Minors aged 14 to under 19 who can be criminally punished but receive special procedures and treatment under the Juvenile Act.
- Pre-delinquent Juvenile (Ubeomsonyeon): Minors aged 10 or older who have not committed a crime but are deemed likely to do so due to their personality or environment.
Processing Procedure for Juvenile Offenders
1. Crime Occurrence: A juvenile offender commits a criminal act (e.g., theft, assault, arson, sexual crimes).
2. Police Investigation: When the police become aware of the case, since criminal punishment is impossible, they refer it to the family court or the juvenile division of the district court.
3. Court Hearing: The juvenile division judge hears opinions from guardians, schools, counselors, etc., and decides on a protective disposition.
4. Types of Protective Dispositions:
- Type 1: Entrustment to guardian supervision
- Type 2: Community service order
- Type 3: Attendance order
- Type 4: Short-term probation under a probation officer
- Type 5: Long-term probation under a probation officer
- Type 6: Entrustment to child welfare facilities, etc., for custody
- Type 7: Entrustment to a hospital or sanatorium
- Type 8: Committal to a juvenile detention center for up to 1 month
- Type 9: Short-term committal to a juvenile detention center (within 6 months)
- Type 10: Long-term committal to a juvenile detention center (within 2 years)
Problems with the Juvenile Offender System
- Punishment Gap: Even if they commit heinous crimes (murder, robbery, sexual assault, etc.), criminal punishment is impossible, failing to satisfy the victims' and society's desire for retribution and deterrence.
- Recidivism Rate: Controversy over the effectiveness of protective dispositions. Some juvenile offenders are reported to repeat offenses even after receiving protective dispositions.
- Appropriateness of Age Threshold: Criticism that the 14-year threshold does not align with the pace of modern societal development and crime patterns. According to 2023 Supreme Prosecutors' Office statistics, juvenile offender crimes surged from approximately 13,000 cases in 2018 to 21,000 cases in 2022.
- Inadequate Victim Protection: When the perpetrator is a juvenile offender, victims are often excluded from criminal procedures, and civil damages are frequently difficult to obtain.
Major Cases
- 2023 Busan Middle School Girl Assault Case: 13-year-old perpetrators collectively assaulted and extorted money from a peer, but were not detained due to being juvenile offenders, sparking public outrage.
- 2022 Incheon Elementary School Student Attempted Murder Case: A 13-year-old boy stabbed an elementary school student with a weapon, causing serious injuries, but received a protective disposition instead of punishment as a juvenile offender.
- 2021 Daegu Middle School Student Sexual Assault Case: A 13-year-old perpetrator sexually assaulted a 12-year-old victim, but was only sent to a juvenile detention center as a juvenile offender, causing controversy.
Latest Trends
Discussions on Lowering the Age of Juvenile Offenders
- 2024 Ministry of Justice Amendment: A bill to amend the Juvenile Act to lower the juvenile offender age from 14 to 13 was proposed. As of 2025, it is under review by the National Assembly's Legislation and Judiciary Committee.
- Public Opinion: According to a 2024 Gallup Korea survey, 78% of respondents supported lowering the juvenile offender age. Opponents argue that "focusing on punishment rather than correction increases recidivism rates."
- International Comparison: Compared to the U.S. (federal standard 11, varies by state), U.K. (10), Germany (14), and Japan (14), Korea's 14-year threshold is mid-level, but demands for lowering it are increasing as crime patterns become more severe.
Measures to Strengthen Protective Dispositions
- Scheduled for 2025 Implementation: A bill to extend the maximum period of Type 10 protective disposition (long-term committal to a juvenile detention center) to 3 years is being pursued.
- Discussion on Electronic Anklets: Measures to mandate electronic anklets for juvenile offenders with high recidivism risk are under review.
- Strengthened Education Programs: Expansion of cognitive behavioral therapy, vocational training, and psychological counseling programs within juvenile detention centers.
Expanded Victim Support
- 2024 Amendment to the Victim Protection Act: Includes provisions guaranteeing victims of juvenile offender crimes the right to participate in criminal procedures (right to make statements, receive information, etc.).
- State Compensation System: Discussions on a plan for the state to provide priority compensation to victims when juvenile offender perpetrators lack the ability to pay damages.
Social Debate
- Proponents: "It is unjust to exempt punishment based solely on age, regardless of the severity of the crime. The age should be lowered, and the correctional and educational system should be strengthened."
- Opponents: "The root causes of juvenile crime are social factors such as family breakdown, lack of education, and poverty. Prevention and support should take priority over punishment."
- Expert Opinion: A 2024 report by the Korean Institute of Criminology noted that "lowering the juvenile offender age alone has limited effects on crime reduction, and qualitative improvements in protective dispositions along with community-based prevention programs must be implemented concurrently."
Related Topics
- [[Juvenile Act]]
- [[Age of Criminal Responsibility]]
- [[Protective Disposition]]
- [[Juvenile Detention Center]]
- [[Juvenile Crime]]