Even 1st Graders Punished, Juvenile Delinquent Age Limit Lowered... What Are Your Thoughts?

Ministry of Justice Plans to Lower Age from Under 14 to Under 13
National Human Rights Commission Opposes Amendments to Criminal Law and Juvenile Act

[Asia Economy Reporter Han Seung-gon] As the Ministry of Justice is pushing to lower the upper age limit for "chokbeopsonyeon" (juvenile offenders exempt from criminal punishment) from "under 14 years old" to "under 13 years old," the National Human Rights Commission of Korea has expressed opposition to the proposed amendments to the Criminal Act and Juvenile Act.

Chokbeopsonyeon refers to youths aged 10 to 14 who commit crimes. Under current law, those aged 10 or older but under 14 who commit heinous crimes are not subject to criminal punishment but instead receive protective measures such as community service or placement in juvenile detention centers. For example, even if they commit serious crimes such as murder, robbery, or rape, chokbeopsonyeon receive relatively light punishments compared to the severity of their crimes, which has caused significant social controversy.

On the 26th, the Human Rights Commission announced that it conveyed its opinion to the Speaker of the National Assembly and the Minister of Justice, stating, "This goes against the perspective of social reintegration and recovery for juveniles required by international human rights standards and is not desirable as an effective alternative for preventing juvenile crime and recidivism." The Commission judged that "although social interest in lowering the age limit for chokbeopsonyeon is increasing, concerns and opposition voices are also being raised that punishment alone is not the solution."

Additionally, the Commission expressed the opinion to the Minister of Justice that as alternatives for preventing juvenile crime and recidivism, it is desirable to promote ▲ expansion of correctional and rehabilitation facilities such as juvenile classification review centers, juvenile detention centers, and juvenile prisons ▲ increase in the number of probation officers responsible for juveniles ▲ diversification of temporary measures and improvement of rehabilitation programs.

According to the legal community, the Ministry of Justice is expected to announce as early as this week a plan to lower the upper age limit for chokbeopsonyeon from the current "under 14 years old" to "under 13 years old." On June, Minister of Justice Han Dong-hoon stated to reporters in front of the Government Complex Gwacheon in Gwacheon-si, Gyeonggi Province, "Even if it is legislated, criminal punishment will mainly be applied to violent crimes," adding, "Most other crimes will be handled by sending juveniles to juvenile courts, so there is no concern about mass production of criminals."

The age standard for chokbeopsonyeon was established in 1953. It has not changed even once in the 69 years since the Juvenile Act was enacted. Although the provision focuses on rehabilitation rather than punishment, as cases of crimes exploiting chokbeopsonyeon status have increased among some teenagers, opinions have continuously emerged that the upper age limit for chokbeopsonyeon should be lowered. This reflects the reality that mental and physical maturity occurs faster than in the past and that the proportion of violent crimes committed by those under 13 has increased, necessitating a lowering of the chokbeopsonyeon age limit.

According to statistics from the National Police Agency, among 35,390 chokbeopsonyeon who committed violent crimes and were sent to juvenile courts over five years from 2017, 22,202 (62.7%) were 13 years old. During this period, the total number of chokbeopsonyeon also showed an increasing trend: 6,282 → 6,014 → 7,081 → 7,535 → 80,474.

Experts say that adjusting the chokbeopsonyeon age limit could raise awareness among teenagers who commit crimes and show no remorse by invoking their chokbeopsonyeon status.

On the 26th, Oh Yoon-sung, a professor in the Department of Police Administration at Soonchunhyang University, appeared on 'YTN News Rider' and said, "This means allowing criminal punishment for those who commit heinous crimes and are between 13 and 14 years old," adding, "Because this could become a more serious problem in the future, I think the government has taken this measure."

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