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A Study on the Lowering the Age of Law-intruding Juveniles

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(3), pp.345-367
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 18, 2022
  • Accepted : August 29, 2022
  • Published : August 31, 2022

seunghun Jeom 1

1원광대학교

Accredited

ABSTRACT

The public's shock and concern are increasing very much about a series of juvenile delinquencies that have occurred recently. A juvenile’s mental immaturity in comparison with physical development leads to lacking emotional control, being apt to commit impulsive crimes, and showing a tendency to be easily tempted by the surroundings. A reason that the issue of lowering the age of law-intruding juveniles among young offenders continues to emerge is because of a rapid rise in law-intruding juveniles. In accordance with the statistics by the National Police Agency and by the court of law, the law-intruding juveniles have been increasing every year for the last five years. Most of the law-intruding juveniles were 13 years old. They were analyzed to be 72.7% of the total law-intruding juveniles. Hence, the discussions about the age of law-intruding juveniles are being made. The National Assembly is also being proposed the amendments of the Juvenile Law and Criminal Law. Even the government came forward the preparatory work of lowering the age of law-intruding juveniles. The downgrade in the age of law-intruding juveniles is what reduces its scope by dropping the age limit for the criminal minors from 14 to 12. However, whether the lower limit of criminal sanctions, which may have an absolute influence upon juveniles’ life, will be set at what age corresponds to an area where the the self-responsibility principle and the protectionism are mixed. There is also a criticism as saying that the ideology of protectionism should be applied even to the criminal procedure as well as to the juvenile protection procedure. Nevertheless, if juveniles who committed a violent crime are not punished properly just because of being young, this could be rather aiding and abetting a crime. It might be the result of driving them down a worse path. Moreover, what raises the alarm by strictly enforcing the standard of the law against criminals who repeatedly commit violent crimes by exploiting the fact that they are juvenile perpetrators could be a way to reduce a crime even a little. It will be below examined the low age pattern and the ferocity phenomenon in law-intruding juveniles, the problem about which the law-intruding juveniles themselves are unconscious or abuse the criminality, and the issue of criteria for judging the liability incompetence. And after looking into the revised bill that is being proposed by the National Assembly, there will be a consideration on the issues that will need to be contemplated when coming to lower the age of law-intruding juveniles. The human rights of the perpetrators are important as well. But the law should protect the victim before that. A crime is thought to be likely declined given coming to be settled as the social norm the perception that committing a crime leads to being punished reasonably regardless of age.

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