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. 35

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