Research Reports

Title Research on Improvement Measures for Juvenile Justice Procedure in Korea -Focused on the Possibility of Integrated Operation-
Date 2019.08.14
Files Research on Improvement Measures for Juvenile Justice Procedure in Korea.pdf Research on Improvement Measures for Juvenile Justice Procedure in Korea.pdf

Research on Improvement Measures for Juvenile Justice Procedure in Korea -Focused on the Possibility of Integrated Operation-

The ideology of juvenile protection is the basic idea of ??the juvenile justice procedure for both domestic and international rules. However, as the risk of juvenile delinquency has risen due to the occurrence of violent crime by juvenile offenders or the increase in the recidivism rate of juvenile delinquents, there are many discussions about necessity of punitive turn in juvenile justice procedure.
 
This research ultimately aims to offer suggestions for an improved system of Korean juvenile justice procedure by summarizing the problems in Korea’s current juvenile justice procedure and seeking ways to improve the operation, focusing on the fact that the Korean juvenile justice procedure has adopted the dual procedure and provision in which the prosecutor may determine whether to proceed initially in juvenile or criminal court.
 
First, this research analyzes the current situation and problems of the juvenile justice procedure through the statistical analysis and the results of surveys of judges who hear juvenile delinquents or offenders. This research also tries to draw some suggestions to complement the problem of the Korean system by examining comparative legal analyses of the US juvenile justice system which tries to combine the dual procedure and the Germany’s which operates the unified procedure.
 
Based on the analysis above, this research examines procedural improvement measure, 1) subdividing the jurisdiction of juvenile cases into local court, 2) operating the unified procedure by same judge who should punish juvenile delinquents and offenders, furthermore as long-term improvement plan, 3) revising laws to integrate jurisdiction of juvenile delinquency and criminal case and 4) establishing the Juvenile Court as a specialized court. For practical improvement measures, 1) clarifying the priority of the ideology of juvenile protection, 2) strengthening professionalism of judges who hear juvenile offenders, 3) imposing probation and special observations on juvenile probation and 4) limiting the roles of prosecutor.
 
Juvenile delinquency is a result of the manifestation of various problems in our society. Therefore, the resolution of juvenile delinquency should not be approached as a punishment-oriented ways, but should start from a long-term perspective consistent with juvenile protection ideology. Hopefully, this research would contribute to stimulate the improvement of the practice and system of juvenile justice procedure in Korea.

 


bookmark 트위터 바로가기 페이스북 바로가기 구글+ 바로가기 카카오스토리바로가기 밴드 바로가기 url 바로가기
Previous Previous Study on Improvement Measures for the Filing Fee System and Related Practices
Next Next Research on the improvement of the labor disputes settlement procedure in Korea