46
218. Based on the above survey, “harmful internet website/smart phone app regulation
(86.5%)” followed by “thorough crackdown and severe punishment by judicial authorities
(85.3%)” are required to prevent children and adolescents from entering into prostitution.
However, among sex offenders whose identities were disclosed after being sentenced as
sex offenders against children and adolescent, 32.3% rapists were put under probation as of
2015. When compared to the punishment to child victims of prostitution who are subjected to
protective disposition which is de facto detention, the punishment to sex offender seems
milder.
2) Questions
219. Present current situation that the government identifies about the current status of
putting ‘protective disposition’ under the Juvenile Act to children subjected to prostitution.
Include consultations and services that are provided to the children subjected to prostitution.
220. Are there policies of the government to prevent child prostitutions through online and
smartphone apps?
3. The Administration of Juvenile Justice
Issue 60. Age of Criminal Minors
1) Current status
221. Under the Criminal Law, the age of criminal minors is 14 years old, but due to the
continuous occurrence of violent crimes such as the “Elementary school student murder
case in Incheon” and “Mass violence by middle school students in Busan” in 2017 followed
by “Mass violence by high school students in Gwanak mountain, Seoul,” there were public
voices raised from various social circles to abolish the Juvenile Act and to raise the level of
punishment on juveniles through the national petition.
222. In Korea, children under the age of 14 are not subjected to criminal punishment, and
many drafts to reform the act to lower the age to 12 or 13 were issued by the current 20th
National Assembly. The Minister of Justice announced on July 12th, 2018 that the age of
criminal minors will be lowered to the age under 13.
223. According to the Crime Analysis (2006 to 2017) conducted by the Supreme
Prosecutors' Office, the crime rate of juveniles under 14 recorded 0.6% in 2006 and 0.1% in
2015, and the number is on the decrease. Moreover, even if this applies to juveniles under
14, those who are 10 or older can be subjected to protective disposition such as placement
in youth detention centers or probation under the Juvenile Act, and in particular, those who
are 12 or older can be sent to long-term placement in youth detention centers (within two
years) or be subjected to attendance order.