Juvenile Justice and Law in Korea

Oct 1, 2024

Notes on Juvenile Justice and Korean Juvenile Law

Overview of "Juvenile Justice"

  • New K-series on Netflix, titled Juvenile Justice, is gaining popularity worldwide.
  • It depicts juvenile crime and Judge Shim Eun-suk, who has a disdain for juvenile offenders.
  • The series is inspired by real-life events and addresses a highly relatable and controversial issue in Korean society.

Context of Juvenile Crimes in Korea

  • There have been many controversies related to juvenile offenses, leading to public concern.
  • Juvenile offenders are broadly classified into three categories:
    • Under 10 years old: Cannot be punished for crimes.
    • Ages 10 to 14: Not subject to criminal punishment, only protective measures (juvenile detention, probation).
    • Ages 14 to 19: Subject to both protective and criminal dispositions, but sentences for violent crimes are capped at 20 years.
  • This framework is a source of ongoing debate in Korean society.

Public Opinions on Juvenile Law

  • Many citizens express concerns about the leniency of juvenile laws:
    • Criticism of Age Limits: Some believe the age limits for juvenile crime are too low, enabling criminal behavior without adequate consequences.
    • Inhumane Cases: Notable examples like the Incheon Elementary School student murder highlight frustrations:
      • The 16-year-old offender kidnapped and murdered a second grader, received only 20 years due to juvenile law.
    • Repeat Offenders: A recent case involved a 13-year-old who committed robbery multiple times but faced minimal consequences.

Perspectives on Punishment and Responsibility

  • There is a feeling of disappointment regarding the current punitive measures for juveniles:
    • Calls for Law Change: Many believe the law should be revised to lower the age of criminal culpability.
    • Concerns about Future Societal Impact: There is worry that young offenders may continue criminal behavior once released.
    • Parental Responsibility: Some advocate for increased parental accountability in managing juvenile behavior.

Effects of Media and Public Discussion

  • The series has sparked renewed dialogue regarding juvenile laws, particularly the need to address outdated standards from 1953.
  • The UN Convention on the Rights of the Child (2019) recommended maintaining the age of 14, cautioning against hasty amendments.
  • Experts recommend focusing on recovery systems for victims and the importance of reflection from offenders, rather than solely punitive measures.