Beyond Age Limits: Experts Call for Comprehensive Reform in Juvenile Justice

The recent forum on the age limit for juvenile offenders (Chopok Sonyeon) brought to light a critical debate within South Korea regarding how best to address juvenile delinquency. While the public discourse often fixates on lowering the age of criminal responsibility, many experts, including those presenting at the forum, argue that this narrow focus misses the larger, more complex issues at play. At the Hankyoreh, we believe it's vital to move beyond simplistic solutions and consider the systemic factors that contribute to juvenile crime and its aftermath.

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We need to broaden the discussion beyond the simple dichotomy of lowering or not lowering the age, and expand the scope of discussion to include overall policies for preventing juvenile delinquency and crime.

As highlighted by Bae Sang-gyun of the Korea Institute of Criminal Justice and Public Policy, the rising number of juvenile cases, coupled with a decrease in protective dispositions, suggests that the current system may be processing more young individuals through the courts without necessarily providing effective interventions. The emphasis on procedural improvements, tailored treatment, and robust victim support is crucial. Simply lowering the age of responsibility risks overburdening the justice system without addressing the root causes of delinquency or ensuring adequate rehabilitation.

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The most urgent needs are not age adjustments but procedural improvements, better treatment, and protection of victims' rights.

Furthermore, the discussion rightly pointed to the significant gap in support for both the offenders upon their return to school and for the victims. Schools, in particular, need clearer guidelines and resources to handle students who have been involved in the justice system. For victims, the current non-disclosure principle in juvenile cases leaves them feeling excluded and unprotected. Implementing measures like mandatory notification, access to records, and the right to express their views in court are essential steps towards restorative justice.

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Regardless of whether the age is lowered for criminal punishment or only protective measures are taken, the fact remains that these juveniles will eventually return to school.

From our perspective at the Hankyoreh, this debate is not just about legal ages or court procedures. It's about building a more effective and humane juvenile justice system that prioritizes prevention, rehabilitation, and victim well-being. While the government prepares to announce its recommendations, we urge a comprehensive approach that considers the social, educational, and psychological needs of young offenders and ensures justice and healing for victims. The conversation must extend beyond age limits to encompass the entire ecosystem surrounding juvenile crime.

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Measures to guarantee victims' rights during juvenile protection trials, such as mandatory notification of cases, the right to inspect and copy trial records, the right to state opinions in court, the right to observe trials, and notification of trial results, should be actively considered.