Civil groups urge government to reconsider lowering juvenile offender age

A coalition of 43 South Korean civic organizations has voiced strong opposition to the government's public discourse on lowering the age of juvenile offenders, known as 'chokbeop sonyeon' (prosecution-exempt minors). The groups argue that such a move would regress children's rights and undermine the principles of a child-friendly justice system.

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Conditionally lowering the 'chokbeop sonyeon' age due to serious crimes is a step backward for children's rights and goes against child-friendly justice principles.

These organizations, including the People's Solidarity for Participatory Self-Government, Lawyers for a Democratic Society's Children and Youth Human Rights Committee, Save the Children, and the Korea Women's Hotline, issued a joint statement asserting that conditionally lowering the age for serious crimes is a step backward for children's rights and goes against child-friendly justice principles. The government is currently exploring lowering the age range for these minors, which is currently set between 10 and 14 years old.

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Protecting victims' rights and expanding criminal punishment for children are not the same issue. Protecting victims' rights and guaranteeing children's rights are not conflicting values but a state responsibility that must be realized together.

Previously, the Ministry of Gender Equality and Family proposed lowering the age to 13 for cases involving severe, serious, or repeat offenses. However, President Lee Jae-myung ordered a second round of public discussion, placing the Ministry of Justice in charge of the deliberations. The civic groups criticized the Ministry of Gender Equality and Family's proposal, stating it completely overturned the final recommendation from a social dialogue committee that advocated for maintaining the current age limit. They emphasized that the severity of a crime should not be the sole criterion for limiting a child's rights.

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The UN Committee on the Rights of the Child emphasizes that the ultimate goal of the juvenile justice system is not punishment, but promoting the rehabilitation and social reintegration of children and supporting them to play constructive roles in society.

The coalition further argued that strengthening criminal punishment without addressing underlying issues like poverty, abuse, and neglect, which contribute to juvenile delinquency, will not effectively prevent crime or reduce recidivism. Citing the UN Committee on the Rights of the Child, they stressed that the ultimate goal of the juvenile justice system should be rehabilitation and social reintegration, not just punishment. They called for a justice system that prioritizes victim recovery while providing children opportunities to take responsibility for their actions and grow into constructive members of society.

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What we should aim for is not a penal-centered judiciary, but a child-friendly judiciary. We must build a judicial system that guarantees the recovery of victims as a top priority while also providing children with the opportunity to take responsibility for their actions and grow back into members of society.