My son is going to have a juvenile protection trial...

Hello. This is an attorney specializing in school violence at Daeryun Law LLC.

First, you must have been quite shocked by the sudden call from the police. I fully understand the heavy heart of a guardian.

As your son is 12 years old, he falls under a juvenile exempt from criminal punishment, so he is not subject to punishment under the Criminal Act, but, as you mentioned, he will go through the juvenile protection trial procedure.

To briefly explain the juvenile protection trial procedure, after the police investigation is completed, the case is referred to the juvenile division of the family court without going through a prosecutor.

The judge reviews your son's records, and if the judge determines that a hearing is necessary, a juvenile examination date is set, and your son and his guardian attend together to be examined.

The judgment is based on the circumstances of the offense, whether the child shows remorse, the school and home environment, and the guardian's ability to provide guidance, and if necessary, an environmental investigation or psychological examination by the probation office may also be conducted in parallel.

Based on your inquiry, it may seem like a simple matter of using a friend's bicycle for a few hours, but because several friends took part together, it falls under a charge of special (aggravated) theft.

However, what is imposed on a juvenile exempt from criminal punishment is not punishment but a protective disposition, and the measures mainly consist of those aimed at education and correction, such as No. 1 (entrustment to the guardian's protective custody), Nos. 2 to 3 (an order to attend a course or community service), and Nos. 4 to 5 (short-term probation).

If your son is a first-time offender and it is argued and accepted that temporary curiosity or peer influence was a significant factor, there is a good possibility that a relatively light disposition will be given.

I can also say that the role of a lawyer in a juvenile protection trial case is genuinely of great help.

An attorney specializing in school violence can specifically organize the minor nature of the offense, the attitude of remorse, the guardian's guidance plan, and measures to prevent recidivism and convey them persuasively to the court, and can guide your son so that he does not make statements that are unfavorable to him.

So that it can be of real help to a guardian and son facing such a case for the first time, we recommend reviewing the direction through a legal consultation.

In particular, because the severity of the disposition varies greatly depending on how you respond early on, we recommend seeking advice at the early stage of the procedure.