Issue 40. Pre-delinquent juveniles 147. The Juvenile Act includes the so-called clause of 'pre-delinquent juveniles'. Predelinquent juveniles refers to juveniles aged 10 years or older who are prone to commit an action in violation of the legislation relating to criminal punishment, in view of their character or environment, as they 1) have an inclination to cause uneasiness to people around them by roaming in groups; 2) stay away from home without any justifiable reason; or 3) have an inclination to drink alcohol, raise a disturbance or expose themselves to a harmful environment. The Juvenile Act prescribes that the pre-delinquent juveniles may be subjected to protective dispositions. Specifically, a court of law may refer a pre-delinquent juvenile to the Juvenile Classification Review Center for classification review or order a protective disposition about the juvenile. Depending on the protective disposition, the juvenile may be detained in a juvenile reformatory. 148. In January 2017, the NHRCK recommended the MOJ to repeal the clause on predelinquent juveniles in the Juvenile Act, in order to minimize stigmatization of runaway juveniles and protect their human rights, but the MOJ has not accepted this recommendation, on the ground that it is necessary to make a cautious review about whether to delete the clause of pre-delinquent juveniles because it is compatible to the protectionism to take proactive measures about the children in the phase of pre-delinquency and it is important to provide them with protection, in combination with a program to correct their disposition and conduct. 149. The Government should repeal the clause on pre-delinquent juveniles in the Juvenile Act. 37

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