South Korean Legal Scholars Urge Caution on Lowering Juvenile Criminal Age

A significant group of 205 legal scholars in South Korea has voiced strong opposition to the government's proposal to lower the age of criminal responsibility for juveniles, known as 'Chokbeop Sonyeon' (provisional age), from 14 to 13. In a joint statement, these experts argue that such a move is not only inconsistent with international child protection standards but also lacks empirical support for its purported effectiveness in reducing juvenile crime.

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Lowering the age of criminal responsibility conflicts with the policy direction of moving away from criminalization and punishment in the adult criminal law domain, and does not align with international standards for the protection of children's rights.

The scholars contend that lowering the age of criminal responsibility runs counter to global trends that emphasize decriminalization and the protection of children's rights. They highlight that scientific evidence, including findings from neuroscience and developmental psychology, does not support the notion that younger adolescents possess the same level of culpability as adults. Instead, they point to a growing body of research indicating that juvenile crime is often linked to complex socio-economic factors such as poverty, educational deficits, and lack of adequate care.

Furthermore, the statement criticizes the current juvenile justice system for being overly focused on punishment rather than rehabilitation. The scholars emphasize the urgent need for systemic improvements, including addressing the shortage of professional personnel like probation officers, alleviating overcrowding in juvenile detention facilities, and bridging the gap in public education for young offenders. They propose a shift towards more effective protective measures, enhanced correctional and educational infrastructure, and the expansion of restorative justice practices.

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From the perspective of evidence-based juvenile policy, it is contrary to scientific evidence such as brain science and developmental psychology, and there is no empirical evidence that lowering the age of criminal responsibility has a substantial effect on deterring juvenile crime.

This collective voice from the legal academic community serves as a critical counterpoint to the government's push for a more punitive approach. The scholars' plea to prioritize the healthy development and social reintegration of young individuals over harsher penalties underscores a commitment to a more progressive and evidence-based juvenile justice system. Their call for a focus on support and rehabilitation, rather than simply lowering the age of criminal responsibility, reflects a deep concern for the future well-being of the nation's youth.

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We earnestly urge the President, the National Assembly, and the government: rather than making 13-year-olds subject to criminal punishment, please establish an advanced juvenile justice system that substantially supports the healthy development and social reintegration of juveniles.