Chairperson’s Statement on the Proposal to Lower the Minimum Age of Criminal Responsibility
Fundamental Improvements in the Juvenile Justice Environment Must Be Prioritized Over Lowering the Age Limit
□ Following a cabinet meeting in February, discussions regarding lowering the maximum age of "juveniles protected under the law" (criminal minors) from 14 to 13 have gained momentum. With the commencement of public deliberations, such as citizen participation panels and open forums, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho; hereinafter "NHRCK") urges extreme caution in adopting this policy. We issue this statement in the hope that the following points will be fully addressed during the public deliberation process.
□ We must examine whether the claims driving the need to lower the age, such as an alleged increase in juvenile crime, the decreasing age of offenders, or the increasing brutality of crimes, are supported by facts. It is difficult to generalize that there has been an "explosive" increase in juvenile crimes compared to adult crimes over the last decade, or a structural surge in juvenile delinquency as a whole. Claims of "younger offenders" or "more violent crimes" also frequently conflict with actual statistics. In the long term, crimes committed by younger children aged 10 to 13 have trended toward decline or stagnation, and the vast majority of juvenile offenses remain minor in nature. Therefore, citing selected indicators to generalize the situation as a "surge in violent juvenile crime" risks exaggerating the reality.
□ Furthermore, extensive research, both at home and abroad, has yet to substantiate the claim that lowering the age of criminal responsibility effectively prevents or reduces juvenile crime. On the contrary, numerous studies indicate that pulling criminal minors into the criminal justice system at an early age can lead to a higher risk of recidivism in the long term due to labeling, social exclusion, and the loss of opportunities for protection and education.
Clarifying Misconceptions: The perception that juveniles are "hiding behind a legal shield without any sanctions" largely stems from a misunderstanding of the current system. Juveniles are not exempt from responsibility; those aged 10 and older can be subject to "protective measures" (juvenile protection orders) that strictly limit their liberty—such as probation, placement in foster care, or short-term confinement in a juvenile reformatory. For those aged 12 and older, long-term placement in a juvenile reformatory for up to two years is possible. These measures are, in practice, a significant form of punishment that should not be overlooked.
□ We are particularly concerned that the debate over lowering the age may be sidelining the more fundamental questions we ought to be asking. Research points out that behind juvenile crime lie issues such as poverty, inequality, family crises, neglect, abuse, the absence of safety nets in schools and communities, and a lack of support for mental health and developmental needs. The key to prevention lies in building a dense support system focused on care, education, welfare, and early intervention for families in crisis. Rather than obsessing over age limits, our society should prioritize strengthening social investment that considers a child's developmental stage and vulnerability, establishing robust statistics on juvenile justice, and reinforcing infrastructures for recovery and reintegration.
International Human Rights Standards: International standards demand a juvenile justice system centered on the protection of children's rights and social reintegration, rather than harsher punishments or age reductions. In General Comment No. 24 (2019), the UN Committee on the Rights of the Child recommended that the minimum age of criminal responsibility be at least 14 years old and urged countries not to lower ages that are already higher. The Committee clearly states the principle of diverting children away from criminal proceedings whenever possible, prioritizing education and care.
□ The NHRCK has repeatedly expressed that lowering the age of criminal responsibility is undesirable. We must reflect on whether we are depriving children of the opportunity to change and grow. We emphasize once again that a child is not merely a target for punishment, but an individual with the right to be protected and to develop. We hope the public deliberation process begins not by asking "How should we punish?" but by questioning whether our society’s education and care systems are functioning properly. The focus must shift toward fundamentally improving the environment surrounding juvenile justice, rather than simply lowering the age.
March 31, 2026
Ahn Chang-ho
Chairperson, National Human Rights Commission of Korea
