Issue 4: Amendment and Improvement of Juvenile Justice
Status
125.
The UN Committee on the Rights of the Child recommended in its
General Comment No. 10 (2007) that State parties should increase their
minimum age of criminal responsibility to at least 12 years and State parties
with a minimum age at 12 and higher should not reduce the minimum age.
Although the minimum age of criminal responsibility is 14 years under the
Criminal Act of Korea, multiple bills have been submitted to the 20 th
National Assembly, proposing to lower the minimum age to 12 or 13 years.
The Korean government announced the 4th Master Plan to Prevent School
Violence on January 15, 2020, revealing its plan to reduce the minimum age
of criminal responsibility to 13 years.
126.
According to the 2017 Crime Analysis published by the Supreme
Prosecutors’ Office, among all juvenile crimes, the crimes committed by
juveniles aged below 14 years took up just 0.6% in 2006 and 0.1% in 201524.
In addition, juveniles who are ten years of age or more but under 14 years of
age may receive protective dispositions, such as probation or transfer to a
juvenile reformatory, under the Juvenile Act. In particular, transfer to a
juvenile reformatory for a long-term (no more than two years) or order to
attend a lecture may be imposed.
127.
Meanwhile, the Criminal Act states that the number of days of
confinement before imposition of a sentence shall be included in the period
of limited imprisonment, etc. However, the number of days of confinement
24 From the 2019 Crime Analysis, cases of suspects aged under 14 have been excluded.
43