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Japan's Revised Juvenile Law on the Road to Severe Punishment - The main contents and our direction of revision -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.47-76
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 30, 2023
  • Accepted : February 25, 2023
  • Published : February 28, 2023

Hong, Tae-Seok 1

1원광대학교

Accredited

ABSTRACT

It is no exaggeration to say that juvenile crimes are showing as much pattern as adult crimes, such as increasingly violent. Recently, the number of cases in which boys who have acquired crimes through each media or online think that they are not punished even if they commit crimes due to juvenile law and abuse them is also increasing rapidly.Accordingly, the government is also considering lowering the age of juvenile delinquents from 14 to 12. Meanwhile, after the so-called "Sakakibara" incident, there have been three revisions since the juvenile law was revised due to severe punishment, and recently, on May 21, 2021, the "Act for Partial Revision of the Juvenile Act" (hereinafter referred to as "this Act") was enacted and promulgated as Act No. 47 on May 28 of the same year. The characteristic of this law is that 'Chapter 5 Special Cases for Specific Boys' have been newly established. In other words, boys aged 18 to 19 years old are so-called "specific boys," and special regulations have been established for them, and the regulations have been revised to strictly punish certain boys as not protected by the Juvenile Act. The trend toward strict punishment of Japanese juvenile law over 20 years makes us think a lot. It is necessary to examine whether the continued strict punishment affected the reduction of juvenile crimes, the reason for the continued strict punishment trend, and whether there was no opposition from the people. Therefore, after reviewing the specific contents of Japan's revised juvenile law, we reviewed the future direction of our revision.

Citation status

* References for papers published after 2022 are currently being built.