On the other hand, the assertion that juvenile delinquency is becoming younger and more
ferocious also lacks objective evidence. There are no statistics that clearly show the current
status of the juvenile case among the statistics currently released in Korea. Although it can
be partially identified through the data on the number of cases sent to the juvenile department
of the National Police Agency, there is a limit because the status of juvenile crimes sent
directly to the juvenile department from the facilities are not reflected. Moreover, according
to this statistic, the number of violent crimes, such as murder, robbery, arson, and rape, has
remained similar each year, making it difficult to conclude that juvenile crimes are becoming
more violent.
The assertion that punishment is less effective in preventing crime than the nature of the
crime is also questionable. It is difficult to conclude that the punishments are light,
considering the fact that from the age of 10, they can be subject to all protective measures
except for Article 32 (Decision on Protective Disposition) of the Juvenile Act, Subparagraph
2 (Order to Attend Courses) and Subparagraph 3 (Order to Volunteer in Community
Service), and that youths over the age of 12 can be sent to a juvenile detention center for two
years. Also, strengthening the criminal punishment does not guarantee the improvement and
edification of the law breaching minors, and imprisonment can hinder the person's healthy
return to society and recovery through learning criminal tendencies, etc.
C) Efforts to Prevent Juvenile Crimes and Recidivism
The UN Committee on the Rights of the Child, in General Comment No. 24, stated that the
world's most common minimum age for criminal responsibility is 14 years old, and urged the
states that the minimum age for criminal responsibility be raised to 14 years or older. The
UN also expressed concern about the practice of allowing exceptions to set a lower
minimum age of criminal responsibility where children are accused, and expressed concern
that such practices are often in response to public pressure and are not based on a rational
understanding of children's development. In the final opinion on the 5th and 6th national
reports of Korea in 2019, a recommendation was made that “the minimum age of criminal
responsibility be maintained at 14, and children under the age of 14 should not be treated as
criminals or detained.”
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