13-Year-Old in China Not Punished for Killing 6-Year-Old... 'Chokbeop Sonyeon' Controversy in Korea
China Lowers Criminal Responsibility Age for Intentional Homicide from 14 to 12
Netizens Outraged... "Is It Right to Let Them Off Criminal Responsibility?"
Domestic Cases of Juvenile Delinquency and Crime Spark Controversy
Experts Call for Discussion at the National Assembly Level
A 13-year-old boy in China is reported to be under investigation for killing a 6-year-old boy and disposing of the body, causing shock. / Photo by Yonhap News
View original image[Asia Economy Reporter Lim Juhyung] Outrage is rising as it has been reported that a 13-year-old Chinese boy accused of murdering a 6-year-old boy from a neighboring house and disposing of the body is unlikely to face criminal punishment. Previously, similar cases have emerged domestically where juvenile offenders below the age of criminal responsibility were not properly punished, leading to growing calls for the abolition of the "Chokbeopsonyeon" (juvenile offender below criminal responsibility age) system.
According to Chinese media reports such as 'Observer Network' on the 15th (local time), the press office of a county in Hanzhong City, Shanxi Province, is investigating Yang Mo (13), a first-year middle school student, as a suspect in the murder of Wang Mo (6), who was found dead on the 4th.
Yang is accused of luring Wang to his home around 6 p.m. on the 17th of last month when no one was around, murdering him, and disposing of the body.
At the time, Wang’s family reported him missing to Chinese authorities and posted notices on various internet sites seeking the child, but ultimately failed to find him.
Subsequently, Chinese authorities discovered Wang’s cold body inside a wooden box on the rooftop of the neighboring house on the 4th, fifteen days after the missing report. Bruise-like injuries were also found on the body. Authorities then identified Yang as the prime suspect through on-site investigations.
Currently, authorities are investigating Yang’s detailed motive and method of the crime, but it is reported that even if Yang is confirmed as the perpetrator, he is unlikely to face criminal punishment.
This is because China recently implemented a legal amendment lowering the age of criminal responsibility for intentional homicide from 14 to 12 years old, effective from the 1st of this month. Therefore, Yang, who is 13 this year, does not meet the age of criminal responsibility.
As a result, voices calling for criminal punishment against Yang are reportedly growing within China. One netizen questioned on Chinese social media, "Even if he is 13 years old, he intentionally killed a person. How can he not be held criminally responsible?"
Amid this situation, controversy has also erupted domestically over the appropriate age of criminal responsibility. Critics argue that the current system fails to properly prevent delinquency and crimes committed by "Chokbeopsonyeon," juveniles below the age of criminal responsibility.
On the 25th of last month, MBC reported that the suspect in a vehicle theft incident that recently occurred in a residential area of Wonju, Gangwon Province, is a juvenile offender under the age of 14. / Photo by MBC
View original imageIn fact, recent crimes committed by Chokbeopsonyeon have occurred repeatedly. According to an MBC 'News Desk' report on the 25th of last month, four middle school students including A (14) repeatedly committed vehicle thefts in a residential area in Wonju, Gangwon Province.
A and the other three stole vehicles and traveled long distances from Wonju to Incheon, spending 300,000 won using credit cards found inside the cars. However, all four were Chokbeopsonyeon under the age of 14, the age of criminal responsibility, and thus were not subjected to significant punishment, allowing them to continue vehicle theft crimes.
Meanwhile, on March 29th last year, eight youths including B (13) stole a rental car parked in Seoul and drove it without a license to Daejeon, where they crossed the center line near an intersection and collided with a motorcycle, resulting in the death of the motorcycle rider at the scene.
A Blue House petition urging criminal punishment for eight juvenile offenders who stole a rental passenger car and caused a collision accident while driving without a license. / Photo by Blue House petition board capture
View original imageAs a result, a petition demanding strict punishment for Chokbeopsonyeon was posted on the Blue House (Cheong Wa Dae) petition board.
One petitioner wrote on April 2nd last year, "The deceased was a university freshman this year who was working as a delivery courier to earn living expenses when he died," adding, "This is a horrific crime committed by youths who killed a person. The victim and his family, as well as society, demand that these offending youths be severely punished to prevent such incidents from happening again." The petition received over one million signatures within a month.
As controversy over the age of criminal responsibility grows both domestically and internationally, experts suggest that the age criteria should be somewhat adjusted considering social circumstances.
Attorney Oh Siyoung explained on BBS Radio's 'Park Kyungsoo's Morning Journal,' "If you trace back the origins of criminal law, it was established during the Japanese colonial period, and the age for Chokbeopsonyeon was set then," adding, "In fact, many foreign countries have lowered the age of criminal responsibility to 12 or 13."
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He continued, "The problem is that children of that age know they are exempt from criminal punishment," and argued, "The National Assembly should seriously consider this issue and lower the age for Chokbeopsonyeon."
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