Lowering the Age for Juvenile Offenders: "We Must First Ask Why Crime Among 13-Year-Olds Is Increasing"

As the government continues discussions on lowering the minimum age for juvenile offenders under the Juvenile Act from under 14 to under 13, there are growing calls that the focus should be on revising the entire system, rather than simply adjusting the age standard.

Yonhap News

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At the second public forum on “Institutional Improvements for the Age Standard of Criminal Minors (Juvenile Offenders)” held at the Bankers Club in Jung-gu, Seoul, on April 15, some participants argued that before lowering the juvenile age, there must be discussions on “procedural improvements, better treatment, and the protection of victims' rights.”

Bae Sangkyun, a research fellow at the Korea Institute of Criminology and Justice, who delivered the keynote presentation, emphasized that debates over the age of criminal minors should “move beyond the simplistic framework of for or against lowering the age.” He asked, “Why has juvenile crime among 13-year-olds increased? Are they at an age where they can truly understand the meaning of punishment?” He argued that the issue of juvenile offenders should be viewed in the broader context of overall juvenile crime prevention, rather than focusing solely on age.

Bae cited past studies to stress the need for procedural reforms. According to Bae, in 2021, the National Assembly Research Service found that the juvenile justice system is limited if the discussion is confined to harsher punishment, and called for prompt intervention, streamlined procedures, expanded education and welfare, and stronger community links. In 2017, the Korea Institute of Criminology and Justice highlighted the need for staged intervention standards, such as establishing police warning guidelines, intensive early management, strengthening family functions, and creating a pan-governmental council. In 2020, the Institute also concluded that the younger the juvenile, the more important it is to reduce stigma and prioritize reintegration.

Bae also argued that “appropriate treatment” is more important than merely “lowering the age” for juvenile offenders. He said, “Rather than simply sending juveniles to facilities or giving them formal warnings, there must be individualized counseling tailored to developmental needs, family interventions, mental health support, and assistance with returning to school.” He added that there is a need to improve treatment options by enhancing the diversity and suitability of interventions.

He further stated that the rights of victims must also be protected by guaranteeing their right to be notified of procedures and outcomes at a minimum. “If the system only emphasizes protection for juveniles without institutionalizing victim protection, the system for criminal minors will inevitably continue to be misunderstood as a get-out-of-jail-free card,” Bae said, calling for a redesign of the balance between confidentiality and victim protection.

In the subsequent panel discussion, participants raised the need for institutional improvements to the overall juvenile justice system, citing real-life examples from the field.

Lee Houk, the teacher in charge of school violence at Banghak Middle School, pointed out that the response and support systems for students returning to school after protective measures are insufficient. He said, “To truly achieve the goal of reform and resocialization through the juvenile offender system, there needs to be a shift in perception that the end of judicial procedures is not the finish line, but rather the starting point for educational intervention at school.” He added that, instead of adhering strictly to the principle of confidentiality in juvenile justice, there needs to be a system for post-management through limited information sharing, as well as institutionalization of “school adaptation programs” to help juvenile delinquents reintegrate smoothly.

Ryu Hyun, Director of Child Rights at the Korean Committee for UNICEF, argued that the perspective on juvenile crime should shift from viewing it as a “criminal tendency” to recognizing it as a “gap in protection.” Ryu said, “Juvenile crime often results from accumulated violence, neglect, and emotional distress over long periods. It is a last cry for help from children in crisis.” He added that, “For the effective implementation of restorative justice, the current juvenile justice system must be thoroughly re-examined and a paradigm shift must be sought.”

Won Minkyoung, Minister for Gender Equality and Family, who attended the forum, stated, “I will carefully consider and pursue the most reasonable and compassionate system that can protect both the lives of children hidden behind the numbers of age standards and the safety of our society.”

The Ministry of Gender Equality and Family plans to follow up this public forum with a deliberative discussion involving about 200 citizen participants in Osong, North Chungcheong Province, and Seoul from April 18 to 19. Afterward, through subcommittee meetings and the fourth plenary session of the Social Dialogue Council on April 30, the ministry intends to compile the discussion results and finalize its recommendations.

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