모두보기닫기
Lowering the Ages of Criminal Responsibility and Law-breaching Minors Is Not the Right Way to Cope with Juvenile Offenses
Date : 2022.12.21 00:00:00 Hits : 1029

Lowering the Ages of Criminal Responsibility and Law-breaching Minors Is Not the Right Way to Cope with Juvenile Offenses

- NHRCK presents its opinion on criminal age limits to Speaker of National Assembly and Minister of Justice - 


The National Human Rights Commission of Korea(Chairperson Song Doo-hwan, NHRCK) on September 26 2022 released its opinion to the Speaker of the National Assembly and the Minister of Justice that the amendments to the criminal and juvenile laws proposed at the National Assembly, each of which aims to lower the minimum age of criminal responsibility(currently 14) and the age of law-breaching minors who are placed in protective detention(currently between ages 10 and 14), are not only inconsistent with the obligations relating to community reintegration and rehabilitation under the UN Convention on the Rights of the Child, but also do not provide a practical solution to prevent youth crimes and reduce recidivism.


There are growing calls for adjusting the ages of criminal responsibility and law-breaching minors recently to impose a stricter punishment on juveniles who have committed a serious crime. However, there are also those who are voicing their concern and opposition to such measures, arguing that introducing stricter penalties is not the best way to cope with juvenile crimes. 


The NHRCK believes that the complexity and diversity of juvenile crimes and a child’s developmental characteristics should be taken into account when developing measures to prevent minors offending and re-offending and calls for an integrated approach towards juvenile offenses based on the analysis of flaws in each step of the juvenile justice system. 


Lowering the ages of criminal responsibility and juveniles who are exempt from criminal liability cannot be an effective solution that addresses the root cause of youth crimes, as it reinforces negative stereotypes towards juvenile offenders and undermines their potential to reform and rehabilitate and become a productive member of the community. 


The NHRCK also notes that lowering the criminal age limits go against international human rights standards, such as recommendations to the Korean government by the UN’s Committee on the Rights of the Child that the age of criminal responsibility be kept at 14 and those under the age of 14 not be treated as an offender or placed in detention. It further points out that the proposed amendments are not consistent with the principles and purpose of the Juvenile Act, which recognizes the potential of juveniles to rehabilitate and supports their reintegration into the community. 


Recognizing that a steady increase in recidivism rates is one of the biggest problems facing the juvenile justice system, the Commission recommends that the Minister of Justice take several measures to prevent juveniles from committing or recommitting a crime, including expanding rehabilitation and correctional facilities, such as Juvenile Classification Review Center, Juvenile Detention Center and Juvenile Correctional Institution, hiring additional protective supervisors, introducing various alternative measures, and improving the effectiveness of rehabilitation programs.

File

확인

아니오