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An interpretive study on the evaluation of the juvenile protection facility custody system

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.389-410
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 3, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Yoon Hyun-seok 1

1광주여자대학교

Accredited

ABSTRACT

The purpose of this study is to identify problems through interpretive evaluation and analysis of the juvenile protection facility custody system and to present effective policy recommendations to achieve the goals of preventing recidivism and resocializing targeted juveniles. To achieve the purpose of the study, in-depth interviews were conducted with 37 workers at juvenile detention facilities. The improvement measures for the guardianship entrustment system obtained through the investigation are as follows. First, in terms of facilities and operations, regulations were proposed to expand juvenile protection facilities and strengthen budget support. In addition, in order to strengthen budgetary support for juvenile protection facilities, we attempted to revitalize the custody entrustment system by converting local affairs into national affairs and revising regulations so that the burden of entrustment costs would be borne by the state, and the 'Act on the Treatment of Protected Juveniles, etc.' Through the revision of the 'Juvenile Act', facilities that protect, treat and educate children entrusted to custody were defined as 'juvenile protection facilities' and the Ministry of Justice was designated as the responsible ministry, and the Minister of Justice was responsible for the holistic growth and social adaptation of children in custody. For this purpose, it was proposed to stipulate that the national and local governments provide the necessary budget. Next, we prepare specialized facilities for target boys to settle in the community after being entrusted to the juvenile protection facility, establish and operate a cooperation system to prevent delinquency, and diversify educational programs tailored to the characteristics of each target boy by age, gender, and type of delinquency. It was proposed to establish new regulations that require the development and dissemination of specialized programs in order to specialize. Second, from a legal and institutional perspective, it was first proposed to unify the management and supervision system of juvenile protection facility entrusted institutions, and to this end, regulations on the principles and methods of disposition No. 6 were incorporated into the Act on the Treatment of Juveniles, etc. and the Juvenile Judgment Rules, etc. A plan to reorganize the contents was presented. Next, an environmental survey using scientific evaluation tools to optimize target selection and a juvenile classification review system based on expertise and fairness were established as a prerequisite for determining differentiated dispositions for each target boy. Because this study conducted in-depth interviews only with workers at juvenile protection facilities, there are limitations in generalizing the research results. In the follow-up study, various policy measures to improve the custody entrustment system are proposed by including experts related to juvenile protection cases in the interview subjects. It will be important to explore.

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