"If Kim Hye-soo Were a Judge, You'd All Be Dead" 'Juvenile Justice' Rehabilitation or Punishment? [Case File]

Kim Hye-su as Judge, Judging Juvenile Offenders... Stellar Performance in Netflix's
'Juvenile Justice'
Brutal and Horrific Teenage Crimes, Controversy Over Punishment Severity

On the 25th of last month, Judge Shim Eun-seok (Kim Hye-soo) expressed her opinion on the punishment of juvenile offenders in the Netflix original Korean drama "Juvenile Justice." Photo by Netflix, screenshot from "Juvenile Justice"

Editor's NoteReaders who have not yet watched 'Juvenile Justice' are advised to beware of spoilers. The punishment level for juvenile offenders depicted in the Netflix drama 'Juvenile Justice' is controversial. While some argue that since the offenders are still young despite committing heinous crimes, they should be properly guided and reintegrated into our community, others strongly believe that only severe punishment can prevent such dreadful crimes. Which voices is our society listening to more? In the drama, Judge Sim Eun-seok insists on showing the fearsome power of the law. Rehabilitation or punishment, what conclusion is truly the best?

[Asia Economy Reporter Han Seung-gon] "What if after all the trials are over, they say 'The law is so easy!' and take it lightly? What if they grow up and commit bigger crimes, causing more victims like you? Who will take responsibility then? We have to show them. How terrifying the law is... what consequences follow when someone harms another person. If parents protect their own children out of affection, then the state and courts must step in properly!" (Judge Sim Eun-seok / played by Kim Hye-soo)

Gruesome corpse mutilation, crimes more brutal than those committed by adults, raping women and filming the act to commit another rape, victims taking extreme measures... yet the perpetrators of these heinous crimes are not criminally punished. This is because they are so-called 'juvenile offenders under the age of criminal responsibility.'

Under current law (Criminal Act Article 9), those under 14 years old cannot be punished criminally as they are considered criminal minors. They only receive protective measures such as custody, community service, or transfer to juvenile detention centers.

Moreover, when it comes to 'delinquent juveniles,' the situation worsens. Delinquent juveniles under 10 years old cannot be punished nor receive protective measures. Even if there are clear victims and a desire for strong punishment, the law forces only lenient measures.

Judge Sim Eun-seok is outraged by this situation. Despite committing horrific crimes, these juvenile delinquents treat their punishments as a kind of badge rather than fitting penalties. He wants to show them the fearsome power of the law. If the frustration of Judge Sim in the film reflected reality, the following real-world statistics might not exist. Some even say that if there were judges like Sim Eun-seok, stronger punishments could have followed.

A juvenile offender on trial smiled, claiming that he could not be punished because he was not yet 14 years old. Photo by Netflix, screenshot from 'Juvenile Justice'

◆ Murder, robbery, rape, molestation... Horrific crimes committed by teenagers

According to the National Police Agency, the number of juvenile offenders under the age of criminal responsibility referred to juvenile courts was 7,364 in 2018, increasing to 8,615 in 2019. It continued to rise to 9,606 in 2020. Over the past three years, juvenile offenders under the age of criminal responsibility committed serious crimes including 8 murders, 28 robberies, 111 arsons, and 1,140 cases of rape and molestation. If punishments had been stronger, could this upward trend have been stopped?

Experts have offered various opinions on this. At a policy debate held in the form of a citizen policy jury on January 12th by Lee Tan-hee, a Democratic Party lawmaker, experts shared their views. The panel included Seung Jae-hyun, a research fellow at the Korea Institute of Criminology and Justice, Han Young-sun, a professor of police administration at Kyonggi University, and Cheon Jong-ho, a senior judge at Busan District Court.

Han Young-sun, professor of police administration at Kyonggi University and former director of Seoul Juvenile Detention Center, said, "If a juvenile offender who committed murder is sentenced to three years in prison, can they adapt to society after release?" He advocated for establishing a restorative solutions committee within juvenile courts where experts help victims recover substantially and offenders can sincerely reflect in juvenile detention centers. This is a proposal for 'restorative justice' where society shares responsibility for juvenile crimes.

There is another viewpoint. Society must respond appropriately to the steadily increasing level of brutal teenage crimes. Researcher Seung argued that the upper age limit for criminal minors should be lowered to at least 13 years old for serious crimes.

Seung emphasized that the number of juvenile offenders referred to juvenile courts in 2020 increased by 1.5 times compared to 2016, and among minors receiving protective measures in 2020, 711 were 12 years old while 2,449 were 13 years old. In a media contribution, he stated, "In areas concerning citizens' lives and safety, policies must be practical, based on scientific evidence and cold rationality, not utopian ideals or rosy theories."

Cheon Jong-ho, the first Korean judge to preside over juvenile trials for eight consecutive years at Busan District Court, stressed the need for institutional reform to prevent recidivism. He proposed, "Since there is only one juvenile correctional facility nationwide, juvenile offenders may form personal networks. We need to establish juvenile correctional facilities by age group."

The distorted 모습 of adults trying to suppress children's delinquency with all kinds of power is also a key point seen in 'Sonyeon Simpan' (Juvenile Justice). Ultimately, teenage crime is a critical scene showing that it can grow within the dark social structure of adults. Photo by Netflix, screenshot from 'Sonyeon Simpan'

◆ Punishment or rehabilitation? Divided opinions in politics... Human Rights Commission emphasizes 'rehabilitation'

Political circles are also voicing opinions on juvenile offender punishment. Lee Jae-myung, the Democratic Party presidential candidate, announced on January 27th on his Facebook, "I will lower the upper age limit for juvenile offenders under the age of criminal responsibility from 14," adding, "The appropriate age will be decided according to youth developmental stages and social awareness."

Yoon Seok-youl, the People Power Party presidential candidate, also pledged to "lower the juvenile offender age to 12." He further stated, "We will actively consider exceptions to juvenile offender application for serious crimes such as school violence and sexual violence." On the other hand, Sim Sang-jung of the Justice Party opposes lowering the age, saying "Punishment is not the answer."

However, the National Human Rights Commission of Korea (NHRCK) previously opposed legislative moves to lower the age of criminal responsibility for minors eligible for criminal punishment. Their stance is that protecting and educating immature juvenile offenders physically and mentally should take priority over strengthening punishment.

In December 2018, the NHRCK expressed to the Speaker of the National Assembly and the Minister of Justice that "the partial amendments to the Criminal Act and Juvenile Act proposed in the National Assembly contradict the 'social reintegration and recovery' perspective emphasized by the UN Convention on the Rights of the Child and are not desirable as effective measures to prevent juvenile crime."

The NHRCK suggested, "We cannot be certain that harsh punishment of juvenile offenders is effective in preventing juvenile crime. Since the key issue in juvenile crime is the increase in recidivism rates, improvements should focus on reducing environments that expose youth to reoffending."

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