'Chokbeop Sonyeon' Who Are Not Punished Even When Threatening for Quasi-Rape... Growing Calls for Legal Reform

"Middle school daughter sexually assaulted and filmed"... Victim's mother petitions
Age of juvenile offenders set in 1953 remains unchanged
Civilians say "Abolish Juvenile Law," "Lower age of juvenile offenders"

Photo by Cheongwadae National Petition Board screen capture.

[Asia Economy Reporter Heo Midam] A petition has been raised claiming that a middle school daughter was sexually assaulted in a similar manner by a male peer, sparking public outrage. In particular, the victim's mother pointed out that the perpetrators are 'Chokbeopsonyeon' (juvenile offenders exempt from criminal responsibility) and argued that punishment standards should be strengthened to ensure appropriate penalties. Chokbeopsonyeon refers to juvenile offenders aged 10 or older but under 14 who are deemed not criminally responsible and thus are not punished even if they commit crimes.

Meanwhile, as juvenile offenders who have committed crimes comparable to adults continue to receive exemptions due to their status as Chokbeopsonyeon, voices calling for the abolition or revision of the Chokbeopsonyeon system are growing louder. Presidential candidates have also urged legal reforms.

Recently, a petition titled "I am the mother of a victim of Chokbeopsonyeon sexual harassment reported in the news" was posted on the Blue House National Petition Board. As of 12:30 PM on the 31st, the petition had received over 7,680 signatures.

The petitioner, who identified herself as the mother of the victim in the 'Incheon middle school sexual harassment' case, expressed frustration, saying, "This case is not 'sexual harassment' but 'similar rape,'" and added, "(My daughter) was subjected to similar rape on the rooftop passage stairs of the apartment where the perpetrator lives, after which her clothes and underwear were completely removed. She was also threatened with filming and distribution."

She continued, "The threats at that time were so dreadful that I cannot even put them into words," and lamented, "It was truly shocking how children could behave and speak in such a way."

The petitioner appealed, "Most of the charges were acknowledged during the police investigation. However, the perpetrator is a Chokbeopsonyeon. Because of this status, the punishment is very mild," and "we request the abolition or strengthening of laws regarding Chokbeopsonyeon so that appropriate punishment can be imposed depending on specific crimes and their nature."

In this regard, the Women and Youth Investigation Unit of the Incheon Police Agency transferred middle school student A to the Juvenile Division of the Incheon Family Court last month on charges of violating the Child and Youth Sexual Protection Act.

A is accused of sexually harassing B, whom he met through an online game in Bupyeong-gu, Incheon, in May, and filming the incident on his mobile phone.

However, A was under the age of criminal responsibility (under 14) at the time of the incident and cannot be held criminally liable under current law. If the charges are acknowledged, he falls under the category of Chokbeopsonyeon (aged 10 or older) under the Juvenile Act and may be subject to protective measures such as community service orders or transfer to a juvenile detention center.

On the 24th, a teenage youth arrested at the scene on suspicion of special theft is making an obscene gesture with their fingers toward the press cameras. Photo by MBC News broadcast screen capture

On the other hand, there was also a case where four teenagers stole a Mercedes-Benz passenger car parked on a street in Ansan, Gyeonggi Province, at around 2 PM on the 24th, but two of them were exempt from criminal punishment solely because they were Chokbeopsonyeon.

Notably, one of them was arrested on the day of the crime and was caught on camera swearing and making obscene gestures toward reporters while being transported to the police station, causing controversy.

Relatedly, the number of teenagers committing serious crimes by exploiting their status as Chokbeopsonyeon is increasing. According to the National Police Agency, the number of Chokbeopsonyeon apprehended for crimes in the past three years rose from 7,364 in 2018 to 8,615 in 2019 and 9,176 in 2020.

In particular, it is not uncommon for Chokbeopsonyeon who received minor punishments and were released to abuse the law and commit crimes again. The National Police Agency revealed that the average recidivism rate among juvenile offenders over the past three years is about 33%, with more than half of repeat offenders having three or more prior convictions.

As a result, opinions are growing that Chokbeopsonyeon who commit serious crimes should receive the same criminal punishment as adults. Especially, as juvenile crimes become more heinous, intelligent, and sophisticated, public sentiment on this issue is intensifying.

Office worker Kim (28) said, "These days, it seems not uncommon for offenders to exploit their status as Chokbeopsonyeon to commit crimes. If times change, laws should change too," adding, "It makes no sense that those who commit serious crimes like murder or sexual assault cannot be punished just because they are young."

He continued, "Even if they are young, they should take responsibility for their wrongdoings and receive appropriate punishment. That would reduce juvenile crime as well."

The age criterion for Chokbeopsonyeon was set at under 14 in 1953. In other words, the law has remained unchanged for nearly 70 years since its enactment. However, as juvenile crime has become more violent compared to the past, there are many opinions that the age limit for Chokbeopsonyeon should be lowered.

University student Jung (25) said, "Our country seems particularly lenient on juvenile crime. If the Chokbeopsonyeon system cannot be abolished, at least the age limit should be lowered," adding, "For example, measures such as lowering it to under 12 years old are necessary."

Meanwhile, voices calling for legal reform are also rising within the political sphere. Former lawmaker Yoo Seung-min and former Board of Audit and Inspection Chairman Choi Jae-hyung, both presidential candidates from the People Power Party, also criticized the Chokbeopsonyeon system.

Former lawmaker Yoo held a press conference on the 31st, stating, "The pain of crime victims does not lessen because the perpetrator is young. Sexual assault by Chokbeopsonyeon or adults is equally heinous," and pledged, "We will abolish the Juvenile Act and adjust the age of criminal minors to reflect reality to alleviate the suffering of victims."

Former Chairman Choi also emphasized on his Facebook that "It is time to review the protective age under the Juvenile Act and the age for Chokbeopsonyeon," adding, "There is a need to establish a system to protect the lives and safety of the public from increasingly violent juvenile crimes."

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