School Violence 05Defense in Juvenile Protection Proceedings
Defense in a Juvenile Protection Trial
This is the procedure when school violence leads to a police complaint and the case is sent to the juvenile division of the family court. You respond together with an assistant (보조인, the defense counsel in a juvenile case) to lower the level of the disposition. It proceeds separately from the school violence committee's measures, so you must prepare for it separately, regardless of the committee's result.
Which step are you at?
Select your current step and the content for that step will appear below.
Process flowchart
Click a box to see its explanation below.
- Basic step
- Additional action / option
- Rejection / objection
- End of procedure
Police questioning
Basis: Criminal Procedure Act §243-2, §244-5
When a complaint or report is received, the police question the offending student as a suspect (or as a juvenile below the age of criminal responsibility). You can apply for a person in a relationship of trust, such as a guardian, to be present (Criminal Procedure Act §244-5), and defense counsel can take part.
Next: Referral to the juvenile divisionExplanation
Once a complaint or report is filed, the police question your child. A parent can be present during the questioning, and a lawyer can also come in. It is best to go over the facts with your child before the questioning.
- Time required
- The time from referral to disposition varies by case (depending on the investigation and hearing schedule); placement in a Juvenile Classification Review Center is within 1 month (extendable once)
- Cost
- No cost (the fee for hiring an assistant is separate)
Procedure guide
Read from start to finish in order. Red text marks deadlines set by law.
- 1
When a complaint or report is received, the police question the offending student as a suspect. If your child is 10 to 13 years old, they are questioned as a juvenile below the age of criminal responsibility (촉법소년), who is not subject to criminal punishment. You can apply for a guardian to be present during questioning (Criminal Procedure Act §244-5), and defense counsel can also take part (§243-2). The school violence committee's measures and the juvenile protection trial are separate procedures. Even if your child has already received measures from the school violence committee, the juvenile division hearing proceeds separately.
- 2
For juvenile offenders aged 14 or older, the prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office), and for juveniles below the age of criminal responsibility aged 10 to 13, the chief of the police station, sends the case to the juvenile division of the family court (Juvenile Act §4, §49).
- 3
The guardian hires a lawyer as an assistant (a person who acts as defense counsel in a juvenile case) (Juvenile Act §17). If you cannot afford one, you can apply for a court-appointed assistant (§17-2(2)).
- 4
A juvenile investigator examines, through interviews, the student's upbringing, school life, the causes of the delinquency, and whether the guardians are able to care for the child. Guardians prepare and submit counseling records, materials showing improvement in school life, and a plan for future guidance. Placement in a Juvenile Classification Review Center cannot exceed 1 month, and can be extended once by decision if specially needed (Juvenile Act §18(3)).
Current step - 5
Apologize to the victim's side, make up for the harm, and obtain a settlement agreement. A settlement is the biggest factor in lowering the level of the disposition. However, forcing a settlement or visiting the victim's side directly works against you, so always proceed through the assistant. Submit a letter of remorse, records of counseling and treatment received, and a plan to prevent recurrence before the hearing date.
- 6
In a closed courtroom, the judge questions the student and guardians directly, and the assistant explains (argues) the remorse, settlement and plan to prevent recurrence. The victim can also state their views.
- 7
The judge decides the disposition from among: No. 1 entrusting custody to the guardian, Nos. 2-3 attendance order and community service, Nos. 4-5 probation, Nos. 6-7 placement in a facility, and Nos. 8-10 referral to a juvenile reformatory. Several dispositions may be imposed together, but only in the combinations set by law (Juvenile Act §32(2)).
- 8
If you cannot accept the decision, appeal within 7 days from the date of notice (Juvenile Act §43).
Deadlines to keep from now
- 7 daysStep 8 Appeal
Preparation and checks
- When you receive a police summons, prepare for a guardian to be present and for defense counsel to take part. You can apply for a person in a relationship of trust to be present, considering factors such as age.
- Hire an assistant (if you cannot afford one, apply for a court-appointed assistant). The settlement is also handled through the assistant.
- Prepare records of counseling and treatment received, materials showing improvement in school life, and the guardians' guidance plan. These are what the investigator uses to judge your ability to protect your child.
- Apologize to and settle with the victim's side only through the assistant. Visiting in person may be mistaken for threats or retaliation.
- Submit a letter of remorse and a plan to prevent recurrence before the hearing date. These are used in deciding the disposition.
- If you cannot accept the protective disposition, appeal within 7 days from the date of notice. After this period you cannot challenge it.
When you need a lawyer
If you received a summons from the police, you need a lawyer's help even before the questioning. In particular, you need to hire an assistant if you must dispute the facts or need a settlement with the victim's side.
The same applies when you are worried about a heavy disposition such as referral to a juvenile reformatory. Contacting the victim's side directly may be mistaken for threats or retaliation, so it is safer to go through the assistant.
Current position (4/8)
Step 4 · Responding to the juvenile investigator
What to do now
A court investigator interviews to examine your child's family environment, school life, why they behaved that way, and whether the parents can look after them well.
Guardians prepare and submit counseling records, materials showing improvement in school life, and a plan for how they will guide the child.
The parents' ability to protect the child is also examined, so these materials are taken into account in deciding the disposition.
- Prepare records of counseling and treatment received, materials showing improvement in school life, and the guardians' guidance plan. These are what the investigator uses to judge your ability to protect your child.
What comes next
Step 5 · Settlement with the victim and remorse materials
Apologize to the victim's side, pay for the harm, and obtain a settlement agreement. If the reconciliation recommended by the judge is achieved, the judge can take it into account when deciding the protective disposition (a protective measure imposed on a juvenile).
Submit a letter of remorse, records of counseling and treatment received, and a plan never to do it again before the hearing date.
Deadlines to keep from now
- 7 daysStep 8 Appeal
Basis: Juvenile Act §43
When to involve a lawyer
If you received a summons from the police, you need a lawyer's help even before the questioning. In particular, you need to hire an assistant if you must dispute the facts or need a settlement with the victim's side.
The same applies when you are worried about a heavy disposition such as referral to a juvenile reformatory. Contacting the victim's side directly may be mistaken for threats or retaliation, so it is safer to go through the assistant.
Frequently asked questions
Practical questions that come up right away in this procedure.
- QWe received a summons from the police. Does a guardian have to go too?
- It is best to go together. The police may allow a person in a relationship of trust, such as a guardian, to sit in on the questioning, considering factors such as age.So apply to sit in. A defense counsel can also take part.If the date does not work, contact the investigator in charge and ask to adjust the schedule. Go over the facts with your child before the questioning, but the guardian does not answer for the child.
- QDoes a juvenile protection trial leave a criminal record?
- No. A protective disposition (a protective measure imposed on a juvenile) is not a criminal punishment, so it does not create a criminal record.By law, it does not affect the juvenile's future status in any way. However, retention and deletion of investigation history data (investigation records) follow the Act on the Lapse of Criminal Sentences.Decisions of non-disposition or not commencing a hearing are deleted after being kept for 3 years. It is a good idea to check with a lawyer how much of your child's case will remain on record.
- QHow do I apply for a court-appointed assistant?
- Submit an application for appointment of a court-appointed assistant to the juvenile division of the family court; there is no cost. If your child has been placed in a Juvenile Classification Review Center, the court appoints a court-appointed assistant even without an application.
- QWe were notified that our child will be sent to a Juvenile Classification Review Center. What does that mean?
- It is a temporary measure in which your child stays at the review center before the hearing while their character and environment are examined. It is not a disposition. The period cannot exceed 1 month and can be extended once if specially needed.Guardians can visit. Check with the school how attendance is handled for this period.
- QWhat is an appropriate settlement amount?
- The law sets no standard for settlement amounts. You negotiate with the victim's side based on actual expenses, such as treatment and counseling costs, and the extent of the harm. First check the victim's side's wishes through the assistant (the defense counsel in a juvenile case).In the settlement agreement, include the words "does not want punishment." Also state clearly whether civil claims are waived.
- QDoes my child have to attend the hearing date?
- Yes, your child must attend. Both the student and the guardians must appear, and if they do not appear without a justifiable reason, a warrant to accompany may be issued. If the date does not work, apply in advance through the assistant to change the date.
When you need a lawyer
- Placement in a Juvenile Classification Review Center cannot exceed 1 month, and can be extended once by decision if there is a special need to continue it (Juvenile Act §18(3)).
- A juvenile division judge can recommend reconciliation with the victim, such as compensation for the harm, and if reconciliation is achieved, the judge can take it into account in deciding the protective disposition (Juvenile Act §25-3). However, forcing a settlement or visiting in person may be mistaken for threats or retaliation, so proceed through the assistant.
- The school violence committee's measures and the juvenile protection trial are separate procedures. Even if your child has already received measures from the school violence committee, the juvenile division hearing proceeds separately.
Related laws
- Juvenile Act Article 4 (referral), Article 17 (assistant), Article 32 (protective dispositions), Article 43 (appeal)
- Criminal Procedure Act Article 243-2 (participation of defense counsel)
Defense in a Juvenile Protection Trial,
Curious how your own case will proceed?
