Issue 38. Juvenile Classification Review Center
140. In case a child commits a criminal offense or commits an action in violation of the
legislation on criminal punishment, a court of law may order a protective disposition in
accordance with the Juvenile Act. When necessary for the investigation or hearing of a case
involving a child, a court shall refer the child to the Juvenile Classification Review Center to
examine the child's bodily conditions, personality, environment and educational attainment in
order to identify the cause of the delinquency or criminal offense concerned and treat the child
in the most appropriate way.
141. The NHRCK's 2018 on-site research about all of the 7 Juvenile Classification Review
Centers in this country revealed several problems: juvenile classification review had been made
within the juvenile reformatories; the reformatories were overcrowded and the staff had too
much work to do; and pre-trial children in the process of classification review and post-trial
children which had already received a protective disposition were accommodated together in
the same reformatory. The MOJ has tried to establish Juvenile Classification Review Centers,
in separation from juvenile reformatories, and extend or remodel the current offices of the
Centers, but has much difficulty, particularly due to the opposition from the local communities.
In June 2019, the NHRCK, based on the findings of the on-site research, recommended the
Minister of Justice to work out measures to separate the Juvenile Classification Review Centers
from the juvenile reformatories, extend and modernize the facilities in the Centers and resolve
the overcrowding problem; to set a guideline on the children who need additional assistance; to
draw up the disciplinary procedures and prescribe the obligation to give an explanation on the
disciplinary procedures; to find a solution to reinforce the counseling for classification review
and supplement the relevant staff; to set forth the standards and methods for physical
examination which help minimize the sense of shame or humiliation and apply those standards
and methods; and to amend the relevant legislation to specify justifiable reasons and duration of
extended custody and the procedural requirements for objection.
142. Although the Juvenile Act is aimed at helping juveniles grow in a sound way, the
children in the process of the classification review under the Juvenile Act are detained in the
Juvenile Classification Review Center for 1~2 months, which means that they are practically in
pre-trial detention. The period during which a child is in the custody of the Juvenile
Classification Review Center should be minimized and the justifiable reasons for such custody
should be clearly specified, but the relevant decisions are simply made at the judge's discretion
because of the lack of the corresponding legal requirements.
143. The period during which a child is in the custody of the Juvenile Classification
Review Center practically constitutes a period of pre-trial detention. Accordingly, the
Government should find a way to minimize the period and formulate a relevant law or
regulation which provides for strict requirements for the reason and duration of custody
and the reason of extended custody.
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