Human Rights Commission: "The 'Delinquent Juvenile' Provision in the Juvenile Act Should Be Deleted"

[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission announced on the 30th that it has recommended the Minister of Justice to delete the provisions related to 'delinquent juveniles' specified in the current Juvenile Act.

Specifically, the Human Rights Commission recommended ▲ the deletion of provisions related to delinquent juveniles in the Juvenile Act and the establishment of new solutions from a juvenile welfare perspective ▲ strengthening the right to assistance in juvenile criminal cases and juvenile protection cases ▲ revising related regulations and operations to comply with the principle of separating juveniles and adults in detention ▲ and establishing a system to guarantee juveniles' right to appeal temporary measures stipulated in Article 18 of the Juvenile Act.

The Human Rights Commission pointed out that the delinquent juvenile provisions impose protective measures on juveniles based on the possibility of delinquency, which violates the principle of non-discrimination. It also noted that the unclear grounds may violate the principle of legality and due process, and that combined with the notification system, it could be subject to misuse or abuse.

The Human Rights Commission explained the purpose of the recommendation by stating, "The juvenile justice system should be operated in accordance with its purpose, considering the special characteristics of children in the developmental process, not only focusing on punishment and control of juveniles but also guaranteeing their rights, supporting recovery from crimes, and facilitating social reintegration."

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