"Even If We Commit Crimes, We Don't Go to Prison" Juvenile Offenders, Harsher Punishment in the New Year?

Criminal Minors Under 14 Exploit Legal Loopholes Increasingly
Nearly 10,000 Juvenile Offenders Annually
Many Bills Proposed to Strengthen Punishments
Opposition Voices Against Lowering Minimum Age

A petition posted on the Blue House National Petition Board related to the middle school student disturbance incident at a Daegu restaurant that occurred last November.

[Asia Economy Reporter Lee Gwan-ju] "Strict punishment or rehabilitation?"

The issue of ‘chokbeopsonyeon (criminally irresponsible juveniles under the age of 14)’ has emerged as the biggest public safety topic for the new year. As cases of juvenile offenders who are well-versed in the law (‘beopjalal’) using their status as chokbeopsonyeon to cause various disturbances have become known, public opinion has grown in favor of strengthening punishments for chokbeopsonyeon and lowering the age threshold. On the other hand, there are also opinions that caution should be exercised regarding strict punishment, considering their young age and the need to provide opportunities for rehabilitation.

The call for tougher punishment of chokbeopsonyeon grew louder following a middle school student rampage incident at a restaurant in Daegu last November. The students caused a disturbance in the restaurant and pushed the owner couple simply because they were scolded for smoking. Particularly, the students reportedly said, "Even if we kill someone, we won’t go to prison," which sparked public outrage. Later, on December 10, five middle school students caused a disturbance at an unmanned motel in Pohang, Gyeongbuk, damaging property while saying, "We are chokbeopsonyeon, so we are protected and can do as we please." In fact, four of them were not chokbeopsonyeon, but this incident remained a representative case of youths abusing their chokbeopsonyeon status to commit crimes.

According to the National Police Agency, the number of chokbeopsonyeon was 6,576 in 2016, but surged to 7,634 in 2018, 8,615 in 2019, and 9,606 in 2020. In the first half of last year alone, 4,273 were apprehended. If this trend continues, it is expected that 10,000 chokbeopsonyeon will appear annually soon. The Police University’s Institute of Police Policy Research (IPPR) cited the chokbeopsonyeon dilemma as a factor in changes to the security environment this year through BigKinds analysis in its ‘Security Network 2022’ report. Chokbeopsonyeon under the age of 14 are not subject to criminal punishment even if they commit crimes; instead, they are sent to juvenile court and receive protective measures only.

As public opinion for strict punishment grows, numerous amendments to the Juvenile Act strengthening punishment for juvenile offenders have been proposed in the National Assembly. Some include provisions to refer cases involving specific violent crimes such as murder, robbery, and rape to formal trials or to allow imprisonment of 20 to 25 years for death penalty or life imprisonment sentences. There are also bills to allow the issuance of detention warrants for chokbeopsonyeon and to lower the age of chokbeopsonyeon application to 13 or 12 years old.

Kim Yong-pan, a member of the People Power Party who proposed the amendment, said, "Youth crimes are becoming as brutal as adult crimes, but current laws do not reflect the times," adding, "For violent crimes that can even take lives, appropriate punishment for minors is necessary." Voices within the police also say, "Whether to lower the age of chokbeopsonyeon or focus on rehabilitation and improvement, society must quickly find solutions before the chokbeopsonyeon issue worsens."

Concerns are also significant. The United Nations (UN) recommends maintaining the minimum age of criminal responsibility at 14 through the Convention on the Rights of the Child, and the National Human Rights Commission of Korea has consistently opposed lowering the chokbeopsonyeon age. The Human Rights Commission also recommended abolishing the ‘delinquent juvenile’ system stipulated in the Juvenile Act last September. As discussions on Juvenile Act amendments are expected to intensify ahead of the presidential election, attention is focused on the outcome.

Professor Lee Woong-hyuk of Konkuk University’s Department of Police Science said, "Lowering the chokbeopsonyeon age alone is not a panacea. Strengthening protective measures and resolving the overcrowding problem in juvenile detention centers, among other related infrastructure, must also be enhanced," adding, "Since youth crime involves multi-layered factors such as family, school, and community, systematic policy establishment is required, including related agencies such as the Ministry of Gender Equality and Family, Ministry of Education, Ministry of Justice, and National Police Agency creating annual plans."

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