SEOUL, Republic of Korea — A deep-seated crisis is gripping South Korea's juvenile justice system as violent and organized criminal behavior committed by individuals classified as "Juvenile Offenders" (촉법소년, Chokbeop Sonyeon), those aged 10 to 13 who are exempt from criminal punishment, continues to spark intense public outrage. This status, intended for restorative justice, is increasingly being exploited as a "license to offend," enabling unchecked violence and illegality among youth. This trend has not only highlighted the inherent limitations of the current system but also raised serious questions about the perceived inadequacy of the legal framework and law enforcement in addressing the escalating brutality of adolescent crime. The growing public outcry demands a fundamental restructuring of the juvenile justice system, necessitating immediate and profound solutions from both the government and the judiciary to ensure accountability and prevent recidivism. 

1. The Government's Approach: Seeking Equilibrium Between Retribution and Rehabilitation 

The government's strategy for tackling the Chokbeop Sonyeon issue is anchored on two main pillars: 'Punitive Legislative Reform' and the 'Expansion of Practical Rehabilitation Infrastructure.' The Ministry of Justice (MOJ) has been proactively driving the revision of the Juvenile Act, primarily focusing on lowering the age of criminal responsibility in response to the rise and brutalization of juvenile crime.

1.1. Lowering the Age of Criminal Responsibility: Responding to Public Demand 

The MOJ is pursuing amendments to the Juvenile Act and the Criminal Act to reduce the age of criminal exemption from the current under 14 years old to under 13 years old. This move is a direct response to statistics showing a significant increase in crimes committed by 13-year-olds, alongside overwhelming public support (over 96%) for a tougher, more retributive stance against serious juvenile offenses.

Intended Effect: This legislative change aims to open the door for applying criminal penalties to serious crimes committed by 13-year-olds. The objective is to re-establish the coercive power of the law and prevent the egregious abuse of the Chokbeop Sonyeon status.
Criticism and Concerns: However, sections within the judiciary, including the National Court Administration, argue that this change is "not a fundamental solution." Critics maintain that subjecting 13-year-olds to adult-style punitive measures raises complex issues regarding their developmental capacity for criminal responsibility. Furthermore, there is a serious concern about the "Stigma Effect," where early formal criminalization could hinder future rehabilitation and societal reintegration. 

1.2. Bolstering Infrastructure for Prevention and Recidivism Control 

Recognizing that lowering the age alone cannot solve the problem, the government must also address the structural deficiencies across the entire juvenile justice mechanism.

Relieving Overcrowding in Juvenile Detention Centers: The current shortage and overcrowding of juvenile training schools and classification review centers often lead to processing times for juvenile cases averaging over six months. This prolonged period, during which young offenders may be neglected or exposed to inappropriate environments, exacerbates recidivism. An urgent expansion and improvement of facility capacity and treatment standards are critical to breaking this vicious cycle.
Strengthening Victim Protection: Measures must be simultaneously implemented to enhance the protection and rights of victims in juvenile protection proceedings. This includes granting victims the right to appeal a prosecutor's decision and strengthening their right to speak during hearings, ensuring that victim restitution and recovery are prioritized within the system. 

2. Judicial Innovation: Emphasizing 'Swift Intervention' and 'Specialization' 

The judiciary views the core of the juvenile crime problem as the 'delay in protective disposition' and the 'inefficiency of the current system’s operation.' The proposed judicial innovation focuses on increasing the specialization and rapidity of the juvenile justice process.

2.1. Accelerating the Juvenile Case Processing Procedure 

Swift intervention is paramount in addressing juvenile delinquency. The current system, which often takes several months to reach a protective disposition, is a major factor contributing to the failure to curb re-offending.

Expansion of Specialized Judges and Permanent Courts: To enhance the professionalism of juvenile court proceedings, there must be an increase in the number of full-time juvenile judges and the establishment of permanent Juvenile Court divisions to ensure rapid disposition of cases.
Improving the Initial Assessment and Classification System: From the earliest stages of a case, mandatory diagnostic assessments by specialists, including child psychiatrists and psychologists, should be implemented. This allows for the precise classification of the juvenile's antisocial behavior and risk of recidivism, leading to a quick and customized protective disposition. 

2.2. Enhancing the Effectiveness and Diversity of Protective Dispositions 

If the Juvenile Act's ultimate goal is rehabilitation, protective dispositions themselves must be strengthened and diversified to yield tangible recidivism prevention effects.

Customized Supervision for High-Risk Offenders: For high-risk juvenile offenders with high rates of re-offending, the system should move beyond standard probation toward intensive, concentrated supervisory management. The potential use of advanced monitoring tools, such as electronic monitoring devices (like ankle monitors), should also be considered, particularly given the high recidivism rate (currently around 46%) among those classified as high-risk.
Community-Linked Youth Policies: The burden of juvenile rehabilitation cannot rest solely on the courts. Drawing inspiration from models like Germany's Youth Welfare Office (Jugendamt), a community-based cooperative system should be established. Under central governmental principles, local governments (municipalities) should be tasked with the integrated support of youth policy and juvenile justice resources. This framework would ensure fundamental social assistance, including family environment improvement, mental health treatment, and comprehensive educational and welfare support, crucial for the juvenile's long-term reintegration.  

3. The Imperative for 'Inter-Governmental Cooperation' for a Comprehensive Solution 

The Chokbeop Sonyeon issue is not one that can be solved solely through legal amendments or punitive increases; it is a complex social dilemma stemming from structural flaws across the education, welfare, judicial, and police systems. The discourse must move beyond the narrow debate of lowering the age limit and embrace a pan-governmental effort rooted in a critical re-evaluation of the entire juvenile justice procedure.

The ultimate solution lies in transcending the dichotomy of 'punishment' versus 'rehabilitation.' It requires building a hybrid system that seamlessly combines 'swift judicial intervention' with 'effective, customized social reintegration support.' Police must enhance their professionalism in initial case handling to ensure rapid referral to the Juvenile Court. The judiciary must improve the quality and speed of protective dispositions. Finally, the government (local authorities) must provide full support for the welfare and educational infrastructure necessary for the juvenile's successful resocialization. Only this kind of integrated, three-dimensional cooperative structure can effectively regulate the illegal behavior of adolescents and foster their healthy development.

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