CONTENTS
- 1. Juvenile Crime | Guideline for Those Involved in Juvenile Crime
- 2. Juvenile Crime | Main Types and Criteria for the Age of Punishment
- - Classification of Criminal Liability by Age
- 3. Juvenile Crime | Explanation of Each Investigation Stage and Points to Note
- - The Rights and Defense of a Juvenile Suspect
- - Initial Response Strategy for Juvenile Crime
- - The Hearing Procedure of the Juvenile Protection Trial
- - Types of Protective Disposition
- - The Possibility of Criminal Punishment and Its Criteria
- - Record Management and Future Impact
- 4. Juvenile Crime | The Role of Parents and Guardians
- - Cases of a School Violence Attorney Responding to Juvenile Crime
1. Juvenile Crime | Guideline for Those Involved in Juvenile Crime
This is a guideline for students involved in juvenile crime and their guardians.
In recent years, juvenile crime has been occurring in such varied forms that it is difficult to dismiss as mere mischief or delinquency.
Juvenile crime is taking increasingly diverse forms—such as violence, theft, sexual offenses, and cybercrime—and the scale of harm and its social impact are also growing.
What is important, however, is that because juvenile crime is governed by the Juvenile Act, unlike adult crime, the procedures for investigation, trial, and punishment differ, and the role and attitude of guardians also have a significant influence.
If, depending on the age and the nature of the offense, criminal punishment is imposed after becoming involved in a juvenile crime case, a lifelong stigma may remain, so the initial response is more important than anything else.
Both the student who committed the juvenile crime and the parents must understand the exact procedures and minimize mistakes in order to reduce the risk of reoffending and to pursue a normal school life and reintegration into society.
2. Juvenile Crime | Main Types and Criteria for the Age of Punishment
The most common juvenile crimes are assault, infliction of bodily injury, and intimidation connected to school violence.
In addition, 🔗juvenile theft, in which another student's belongings are stolen, as well as group robbery, sexual offenses, digital sexual offenses (illegal filming and distribution), and online defamation also frequently occur.
Recently, cases of intimidation and insult, as well as the extortion of money and valuables, through social media and messengers have also been increasing.
Because such varied crimes are connected not only to the Juvenile Act but also to numerous statutes, including the Criminal Act, the Network Act, and the Act on Special Cases concerning the Punishment of Sexual Crimes, they must not be taken lightly.
Classification of Criminal Liability by Age
Status Offender (beombeop sonyeon) | Under 10 years of age | Punishment not possible |
Juvenile Subject to Protective Disposition Only (chokbeop sonyeon) | 10 years of age or older to under 14 | Protective disposition: Yes / Criminal disposition: No |
Juvenile Offender (beomjoe sonyeon) | 14 years of age or older to under 19 | Protective disposition: Yes / Criminal disposition: Yes |
In juvenile crime, age is important.
Under our law, those 10 years of age or older but under 14 are subject only to a protective disposition rather than criminal punishment.
Classified as a juvenile subject to protective disposition only (chokbeop sonyeon), the criminal facts are recognized, but the case is referred as a protective case in accordance with the Juvenile Act.
A juvenile 14 years of age or older but under 19 is classified as a ‘juvenile offender,’ and criminal liability is recognized, so a protective disposition or a criminal trial is possible.
However, even in the case of a juvenile subject to protective disposition only, depending on the details of the case, the parents may bear liability for damages to the victims of school violence and others through a 🔗school violence civil lawsuit, so caution is required.
3. Juvenile Crime | Explanation of Each Investigation Stage and Points to Note
Juvenile crime cases are usually initiated for investigation by a victim's report or criminal complaint. If the matter is one of school violence, the victimized student and the offending student are notified of the investigation and are required to give statements.
Even where it is not school violence, when a crime such as theft, extortion, or obscenity via telecommunication media is committed outside of school, legal procedures are likewise followed as a juvenile crime.
The Rights and Defense of a Juvenile Suspect
A suspect in a juvenile crime case likewise has the right to remain silent and the right to assistance of counsel. For those under 19 years of age, a guardian such as a parent, or an attorney, may be present during the investigation, and the investigative agency must guarantee this.
Once the investigation schedule is set, the guardian must guide the juvenile to sufficiently organize the facts and their position in advance before undergoing the investigation.
At this point, one may obtain a 🔗school violence attorney referral and proceed with measures such as the accompaniment of a specialist or a preliminary simulation of the police investigation.
Initial Response Strategy for Juvenile Crime
The initial response during the investigation is the stage at which whether the alleged facts are admitted is determined.
If the alleged facts are clear and the evidence is sufficient, a reduction of punishment may be sought through a settlement with the victim's side. Conversely, if there is a dispute over the facts or a false complaint is suspected, rebuttal materials must be gathered promptly.
In particular, even where the crime is not one that is not punishable against the victim's will, in juvenile crime, a settlement with the victim is an important factor in mitigation.
Direct contact with the victim's side, or forcibly pressuring a settlement, may inflict secondary harm, so it is recommended that this be conducted through an attorney where possible.
The criminal settlement amount is calculated by taking into account the degree of the victim's harm, treatment costs, mental consolation money, and the like.
Because the victim may withdraw their expression of intent not to seek punishment even after a settlement has been reached, it is advisable to obtain a 🔗statement of no desire for punishment and keep it in writing.
The Hearing Procedure of the Juvenile Protection Trial
🔗juvenile protection trial cases proceed as follows: police investigation and referral > prosecutorial investigation and referral to the juvenile court, or notification (filing the case directly with the court without going through an investigative agency) > investigation > decision to commence hearing > hearing > disposition.
The juvenile division belongs to the family court and determines dispositions in cooperation with the probation office and juvenile protection agencies.
The disposition decisions are as follows.
- Non-disposition: Closing of the case where a protective disposition is not necessary
- Referral to the prosecutor: Referral to the prosecutor (proceeding to a criminal trial) where the offense carries imprisonment without labor or a heavier penalty and there is a need for criminal punishment
- Decision on a juvenile protective disposition: A protective disposition determined by taking into account factors such as the degree of violence, the risk of reoffending, and whether a settlement with the victim has been reached (dispositions may be carried out concurrently or combined with one another)
Types of Protective Disposition
Category | Types of Protective Disposition |
1 | Entrustment to protective custody of a guardian or a person who can protect the juvenile in place of a guardian |
2 | Attendance order |
3 | Community service order |
4 | Short-term probation by a probation officer |
5 | Long-term probation by a probation officer |
6 | Entrustment to protective custody of a welfare facility under the Child Welfare Act or another juvenile protection facility |
7 | Entrustment to a hospital, sanatorium, or medical rehabilitation juvenile reformatory |
8 | Referral to a juvenile reformatory for up to 1 month |
9 | Short-term referral to a juvenile reformatory for up to 6 months |
10 | Long-term referral to a juvenile reformatory for up to 2 years |
The types of protective disposition are as set out above, and because their durations and the ages to which they apply differ, please also review the 🔗referral of a juvenile protection case process.
The Possibility of Criminal Punishment and Its Criteria
Serious crimes (such as gang sexual assault, serious bodily injury, and robbery) may be referred by the prosecution to a criminal trial, and a punishment is imposed in a formal trial.
If the juvenile has committed an offense carrying imprisonment for a definite term of two years or more in the long term, a sentence with a fixed long term and short term within the range of that penalty is imposed.
The long term may not exceed 10 years and the short term may not exceed 5 years, and where a suspended sentence or a suspension of sentencing is imposed, a determinate sentence is imposed.
In this case, where the head of the institution executing the indeterminate sentence finds that the conduct of the juvenile offender whose short term has elapsed is satisfactory and that the purpose of correction has been achieved, the head may terminate the execution of the sentence at the direction of the prosecutor of the competent prosecutors' office.
Because in a juvenile trial that hears a juvenile crime, the investigation of the home environment and counseling records serve as important reference materials, the parents must actively participate and faithfully explain the child's developmental environment and the possibility of improvement.
Record Management and Future Impact
A protective disposition is distinctly different from a criminal record, so it does not have a negative effect on the juvenile's future status.
However, disadvantages do arise, such as the refusal of a visa depending on the country, disadvantages when a report on one's investigation history is requested, and disadvantages where a record of perpetrating school violence is later entered in the school life record.
In addition, depending on the seriousness of the offense, if the matter proceeds to a criminal trial rather than a juvenile protection trial, it remains as a criminal record and may give rise to restrictions on employment by public institutions, military service, the issuance of overseas visas, and the like.
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4. Juvenile Crime | The Role of Parents and Guardians
The parents of a juvenile involved in a juvenile crime must be present from the investigation stage so that the child is not anxious, and must guide the child so that there is no distortion of the facts.
To prevent reoffending, efforts such as improving school life, connecting with a counseling center, and resolving conflicts within the home must also be carried out in parallel.
Recently, courts have been strictly examining the management responsibility of parents in juvenile protection cases.
If the parents sincerely reflect on the matter and present a plan to prevent recurrence, the level of the disposition may be lowered.
Even if a juvenile crime occurred as a momentary mistake, it may result in a stigma that shakes a person's entire life.
Above all, what is important is a swift and correct response, so consistency of statements must be maintained in the initial response, and expert assistance should be obtained if necessary.
If a settlement with the victim, sincere reflection, and substantive efforts to prevent recurrence are accompanied, the juvenile division will give these due consideration.
Guardians such as parents and teachers must devote attention and guidance so that juveniles are not exposed to juvenile crime.
Cases of a School Violence Attorney Responding to Juvenile Crime
If you are embroiled in a juvenile crime and need legal assistance, we recommend that you begin with an initial diagnosis of the case through a 🔗school violence attorney legal consultation reservation.
🔗Clearing an Unfounded Joint Assault Charge and Obtaining a Non-disposition Decision
