"Will School Violence Decrease?" ... Juvenile Delinquency Age Lowered from 14 to 13 Years Old

Ministry of Education Reflects Trend of Lower Age in Violent Crimes
Concerns Over Strengthening Stigma Rather Than Prevention

[Asia Economy Reporter Jo In-kyung] A plan is being promoted to lower the age of juvenile offenders who commit crimes but are not punished, so-called 'Chokbeopsonyeon (觸法少年),' from the current age of 14 to 13. Age 14 is mostly equivalent to the second year of middle school. This is part of school violence prevention measures reflecting the trend of lowering the age of violent crimes. However, there is also criticism that the prevention measures are excessively focused on 'punishment.'

On the 15th, the Ministry of Education announced the '4th Basic Plan for School Violence Prevention and Countermeasures (2020?2024)' and decided to strengthen the educational role of schools to prevent and respond to school violence. Deputy Prime Minister and Minister of Education Yoo Eun-hye said, "In cooperation with related ministries and metropolitan and provincial offices of education, we will strictly respond to serious school violence to protect each student and strengthen the educational role of schools regarding school violence to create a school culture where true apologies and reflections from offending students lead to relationship restoration."

According to the basic plan, schools will expand programs such as the 'Curriculum-linked Harmony' program to conduct school violence prevention education. Minor school violence will be resolved through the 'Principal's Self-resolution System,' and relationship restoration programs will also be developed and distributed. Protection institutions and home-type Wee Centers to support students who are victims of school violence will increase from the current 48 locations to 52 within this year and 60 by 2024.

The Ministry of Education also decided to support the revision of laws to lower the age of Chokbeopsonyeon from the current '10 years old and above to under 14 years old' to '10 years old and above to under 13 years old' as a measure to strictly punish serious school violence offenders and prevent recurrence. Under the current Juvenile Act, Chokbeopsonyeon are sent to family courts and receive protective measures instead of criminal punishment under the criminal law. Their criminal records (prior convictions) are not recorded.

Accordingly, one of the participants (aged 13) in the 'Busan Middle School Girl Group Assault' case in 2018, which caused nationwide outrage, received a two-year probation order instead of punishment because they were considered a Chokbeopsonyeon. At the end of last year, an incident occurred where a fifth-grade elementary school girl stabbed and killed a classmate who spoke ill of her family with a weapon. This student is also a Chokbeopsonyeon, so only protective measures by the court are possible.

As juvenile crime becomes increasingly serious, the Ministry of Justice included in the '1st Basic Plan for Juvenile Delinquency Prevention' at the end of 2018 a plan to adjust the Chokbeopsonyeon age to under 13 years old, and a bill related to the revision of the Juvenile Act was also proposed in the National Assembly, but it did not lead to substantial discussions. Because of this, advocates for abolishing the Juvenile Act argue for strong punishment, saying, "Youth school violence is becoming increasingly brutal, but offenders are being protected more than victims."

However, there are concerns that strengthening punishment for school violence offenders may only reinforce the 'stigma effect.' This is because it could have the side effect of completely blocking the path for juvenile offenders to reintegrate into society.

Attorney Jeon Su-min (former lawyer in charge of school violence at the Seoul Metropolitan Office of Education) said, "Even now, when juvenile offenders aged 10 to 19 are brought to trial, unless it is a very serious felony, most are transferred to family courts," and added, "Even if the upper age limit for Chokbeopsonyeon is lowered by one year, there will be little change in the field." She further said, "Regarding school violence, strengthening methods of reform and guidance in schools and society rather than increasing the level of punishment can have a more preventive effect."

This content was produced with the assistance of AI translation services.