How to recover from damage such as juvenile crime and compensation claims

It is known that children under the age of 14 receive protective measures instead of criminal punishment when they are involved in a criminal case. However, as juvenile crime becomes more serious and emerges as a serious social problem, voices calling for fundamental solutions and strengthened sanctions are growing.
 

In particular, crimes committed by juveniles under the law are on the rise, with recent incidents of juveniles assaulting police officers, but criticism has also been raised that punishments are lenient.

Under the current law, punishment for juveniles under the law is possible from the age of 10 for protection of less than 6 months, and protection for juveniles for up to 2 years from the age of 12. Since they are not subject to punishment, no criminal record is left.

Accordingly, the Ministry of Justice proposed a revision to the Juvenile Act that would lower the age of juveniles from under 14 to under 13. However, the controversy over the pros and cons is intensifying, with the Supreme Court submitting a dissenting opinion to the National Assembly, saying that a fundamental solution cannot be achieved.

Although criminal punishment is impossible, this does not mean that there are no sanctions. It is possible to file a civil suit for damages against a juvenile boy and his guardian (supervisor).

According to a recent school violence case ruling, students and their parents who were victims of school violence filed a lawsuit for damages against the students who committed school violence and their guardians (parents) and received damages.

Looking specifically, the perpetrators continued to harass the victims, and the School Violence Measures Review Committee approved the first and second emergency measures for juvenile protection and decided on measure number 3. The court acknowledged that the victim and his parents suffered mental pain.

The court ruled that the offending students were liable for damages, saying, “Because the offending students were minors of only 13 years of age and were under the protective supervision of their parents, the psychological damage suffered by the victimized students and their parents due to the offending act in this case is causally related to the violation of the duty of supervision by the offending students’ parents.”

In other words, juvenile crimes are not subject to criminal punishment, but can be subject to civil litigation, and victims can recover from damage through lawsuits for damages, compulsory execution, etc.

Help: Daeryun Law Firm (Limited)

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