'Yoon·Lee, Pledge to Strengthen Punishment for Juvenile and Sexual Offenders'... Will Institutional Improvements Accelerate?

Lee Jae-myung and Yoon Seok-yeol Reach Consensus on Lowering the Age of Criminal Responsibility
Establishment of Dedicated Digital Sex Crime Investigation Unit
Importance of Differentiation from Existing Policies
Public Discussion on Juvenile Delinquency... Emphasis on Socialization Education

[Image source=Yonhap News]

[Asia Economy reporters Jang Sehee and Gong Byungseon] In July last year, a Mongolian middle school girl in Yangsan-si, Gyeongnam, was gang assaulted by four peers. The perpetrators forced Ms. A to drink nearly two bottles of alcohol, and Ms. A was beaten for nearly six hours while her hands and feet were tied. At that time, two of the four perpetrators were classified as juvenile offenders under current law and were sent to the juvenile division of Ulsan District Court, avoiding public disclosure of their identities.

On the 14th of last month, an army captain was arrested by the police on charges of sexually assaulting a drunken classmate who was asleep, along with an acquaintance. At the time, Mr. A denied the crime, claiming "the sexual intercourse was consensual."

With the Democratic Party and the People Power Party pledging to strengthen punishments for juvenile and sexual offenders, it is expected that the current system will be supplemented at an accelerated pace.

Regarding the current upper age limit of 14 for ‘chokbeopsonyeon’ (juvenile offenders exempt from criminal liability), Democratic Party presidential candidate Lee Jae-myung has not specified a concrete age but stated that the appropriate age will be determined according to the developmental level of youth and social awareness. People Power Party presidential candidate Yoon Seok-youl announced plans to lower the age of chokbeopsonyeon to 12. According to the Ministry of Justice, the recidivism rate for juvenile cases in 2019 reached 40%, with violent crimes accounting for 5.5%.

Penalties related to false accusations and sexual crimes will also be strengthened. Candidate Lee plans to establish a dedicated digital sex crime investigation unit within the National Police Agency and expand specialized personnel for investigating online grooming targeting children and adolescents as well as international cooperation. To efficiently respond to digital sex crimes, a control tower and regional one-stop support centers for digital sex crime victims will also be established. His pledges include enacting a law to punish dating violence and abolishing the semi-prosecution-without-victim-consent clause for stalking crimes. Candidate Yoon specified the introduction of a provision for false accusations in sexual crimes. He also pledged to set up a ‘Digital Sex Crime Victim Support Center’ and directly employ specialized staff to assist with the deletion of videos.

Experts: "Social environmental changes... Socialization education is important"

Experts say that the focus should not be solely on lowering the age of chokbeopsonyeon. Professor Jeong Wan of Kyung Hee University Law School said, "The chokbeopsonyeon standard is an old criterion directly imported from Japan’s legal system," adding, "Social norms have long changed, so it is welcome that presidential candidates have pledged to lower the chokbeopsonyeon age now." Professor Kwak Daekyung of Dongguk University’s Department of Police Administration said, "Changing the social environment that leads youth to delinquency should come first," and added, "It should proceed through sufficient public discussion, and there is a need to diversify guidance and socialization education programs."

There are also calls for differentiation from existing policies. In fact, cities like Gwangju provide in-depth counseling and legal services in connection with the central-level Digital Sex Crime Victim Support Center. Professor Kwak said, "The U.S. Department of Justice’s Crime Prevention Office spends about 5% of its total budget annually on policy evaluation," and added, "When multiple policies are implemented all at once, it becomes difficult to judge which policies are efficient and cost-effective."

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