South Korea juvenile law reform gains momentum as deliberation body recommends lowering criminal responsibility age to thirteen years old officially.
|
South Korea's public deliberation panel finished its last meeting and recommended that the minimum age for being held criminally responsible be lowered from 14 to 13 years. After 2 months of deliberation and debate by the panel, this is an important step towards the reform of the juvenile justice system and a turning point in a decade-long contentious legal fight.
Under South Korea Juvenile law, enacted in 1953, children aged 10 through 14 are exempt from criminal punishment and may receive only protective measures such as court-ordered supervision or some other form of non-punitive intervention. The proposed law will narrow this exemption and create a new standard for criminal liability for persons as young as 13 years old for serious crimes.
What Triggered Public Pressure for Reform
The rallying cry for reform started in September 2017 when 4 middle school boys brutally assaulted a 14 year old girl in Busan by hitting her with steel scaffolding for more than an hour and forcing her to take pictures while she was injured. One of the boys that assaulted the girl was under 14 years old and therefore was not criminally liable.
The ringleader later messaged an older student, saying, "It's attempted murder anyway, so let's hit her more" demonstrating a troubling awareness that partial immunity shielded their actions.
Once the situation was widely advertised across social networks, there was a sharp increase in public frustration over the treatment of juvenile offenders. The mother of the victim provided consistent push for change by pushing for the repeal of juvenile justice exemptions. Petition drives grew to over 260,000 signatures in support of passing reform measures, which resulted in directives from the then president, Moon Jae-in, to the various ministries to create resolutions.
How the Legislative Momentum Continued
Significant progress has been made on this issue by way of legislation, with six different proposed bills currently before the National Assembly that look to be create lower age limits for minor offenders.
Professor Jung Eui-rom from Busan University of Foreign Studies is one of the most influential voices in the juvenile justice reform debate. He believes that lowering age limits for offenders would create an effective deterrent. "Once juveniles under 14 believe that they're no longer going to be held accountable for their actions and there is no possibility of punishment, they will no longer fear the consequences of their behavior," Jung believes, saying that the current juvenile justice system is not allowing juvenile offenders to be held accountable for their actions.
Where the Proposed Reforms Could Lead
The recommendation of the regulatory committee will be going through the formal government process as South Korea considers making significant changes to its juvenile justice system for the first time in decades. The proposed system is intended to create a balance of public safety concerns and rehabilitation through a complete change in the way the criminal behavior of children is handled.
Business Honor is of the view that South Korea's proposed juvenile law reform represents a strategic shift in national criminal accountability and rehabilitation framework implementation capabilities.
.webp)
