"Communist State?" vs "Follow the Law"... Controversy Over Middle School Boy Transferred to Juvenile Division for 'Election Poster Vandalism'

"An Act Done as a Joke... Juvenile Referral?" 청원 to Blue House
Police: "Immature Behavior but Not a Minor Matter"
Experts: "Protective Measures for Juvenile Reform and Guidance"

On March 25, when the official election campaign for the April 7 Seoul mayoral by-election began, Seoul Metropolitan Election Commission staff were putting up election posters in Daehak-ro, Jongno-gu, Seoul. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Kang Joo-hee] Amid reports that the police plan to refer a middle school student who damaged election posters of Seoul mayoral candidates in the April 7 by-election to the juvenile division on charges of violating the Public Official Election Act, a heated debate is ongoing among citizens.

While some argue that punishing a middle school student for damaging election posters as a prank is too harsh, others believe that wrongful actions must be dealt with according to legal procedures. Experts explain that referral to the juvenile division is a protective measure aimed at rehabilitating and guiding youth offenders.

According to media reports on the 24th, a 13-year-old middle school student, A, is expected to be referred to the juvenile division of the court. A is accused of damaging election posters of Seoul mayoral by-election candidates posted in an apartment complex in Seocho-gu around 3 p.m. on the 2nd.

It is reported that A tore the posters of Park Young-sun, the Democratic Party candidate (number 1), and Kim Jin-ah, the Women’s Party candidate (number 11), using an ice cream stick after finishing the ice cream. Following this, the Seocho District Election Commission requested an investigation by the police, who apprehended A four days after the damage occurred.

Article 240 of the Public Official Election Act stipulates that "Anyone who damages election posters or banners without justifiable reason shall be punished by imprisonment for up to two years or a fine of up to 4 million won." However, since A is a criminally immature minor under 14 years old (a so-called "chokbeopsonyeon"), the police plan not to file criminal charges but to refer him to the juvenile division.

The juvenile division is a specialized court under the family court that handles cases involving youth who have committed relatively minor crimes or delinquency. Instead of sending youth offenders to the prosecution, the court reviews the case and issues protective measures instead of punishment.

The level of protective measures ranges from level 1 to 10 depending on severity, including the lowest level of custody entrusted to a guardian or a person who can protect the youth, as well as orders to attend courses, community service orders, probation under a probation officer’s supervision, and custody in juvenile protection facilities.

A petition titled "Middle school student vandalizing candidate Park Young-sun's election posters as a prank... Soon to be sent to the juvenile division, is this for real?" was posted on the Blue House National Petition Board on the 20th. / Photo by Blue House National Petition Board capture

After this information became public, some citizens criticized the punishment of A as too harsh. On the 20th, a petition titled "Middle school student who damaged Park Young-sun’s election poster as a prank... soon to be referred to juvenile division, is this for real?" was posted on the Blue House’s public petition board.

The petitioner stated, "Is this a communist country? Sending a child to the juvenile division for childish behavior? Have the irresponsible actions of shameful adults never encouraged children’s immature pranks? He must be treated leniently."

One netizen also expressed concern, saying, "It’s clearly a wrongdoing, but it seems to be an unintentional mistake, so wouldn’t a warning be enough? It was done as a prank, and even if it doesn’t leave a criminal record, I worry it will psychologically affect the child’s future life significantly."

On the other hand, some argue that even if the offender is a youth, since it is a clear crime, legal procedures must be followed. Another netizen pointed out, "If legal provisions are ignored and leniency is granted depending on the case’s severity, the order of a law-abiding society will collapse."

Experts emphasize that the purpose of referral to the juvenile division is strongly focused on rehabilitation. Oh Yoon-sung, a professor in the Department of Police Administration at Soonchunhyang University, explained, "While citizens may see referral to the juvenile division as somewhat excessive, the law’s intent is to protect and rehabilitate youth offenders."

He added, "The police likely referred the case to the juvenile division because they could not simply dismiss the report. Being a 'chokbeopsonyeon' does not mean the youth is exempt from all punishment; rather, certain measures are taken for protection and guidance."

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