grounds, etc.), and the safety problems in those facilities have been raised.
89. The Government needs to expand the leisure and recreational facilities
for different age groups of children - infants (under 6), young children (aged 7~12)
and older children (aged 13~18) - that take into consideration their developmental
characteristics. Additionally, it needs to establish the legal foundations for the
standards on the operation and safety of the leisure and recreational facilities for
different age groups of children.
Ⅷ. Special Protection Measures
(Articles 22, 30, 32~36, 37 (b)~(d) and 38~40)
1. Children in Collision with the Law: Juvenile Justice (Article 40 of CRC)
Juvenile Crimes and Repetitive Offense Rate (CRC/C/KOR/3-4, para. 474~484 and
527)
90. Juvenile crimes still takes up a high proportion in the entire crimes: the
share of juvenile crimes as % of total crimes was 3.4% (67,478 cases) in 2005; 3.6%
(69,211 cases) in 2006; 4.4% (88,104 cases) in 2007; 5.5% (134,992 cases) in 2008; and
4.5% (113,002 cases) in 2009. The ratio of juvenile offenders with a previous criminal
record rose in 2009, after the downtrend of the previous five years. In 2009, the
proportion of juvenile offenders without any previous criminal record was 64.3%, while
the proportion of those with a criminal record was 35.7%, which was 4.8% up from a
year earlier. The Government initiated a set of comprehensive measures in 2007 to
prevent and combat the crimes of the children with criminal responsibility, but the
measures were largely confined to revising the Juvenile Act to lower the upper limit of
children with criminal responsibility; tightening probation; combating school violence;
and providing welfare support to certain groups of children and youth. The
Government needs to establish comprehensive measures to prevent juvenile
delinquencies and crimes and stop the growth in repetitive crime cases.
Professionalism in Juvenile Justice
91. The decisions are made in juvenile justice while the professionalism of
those engaged in juvenile justice is fully secured. Although the Prosecutor’s Office has
appointed juvenile-specific prosecutors, they are also working on adult cases at the
same time. The judges in the juvenile division are transferred to another assignment
after working for 2 years or so in the division. The Government needs to ensure that
juvenile-specific judges and prosecutors receive human rights education and
trainings.
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