A juvenile case refers to a case in which a juvenile under the age of 19 is subject to judicial proceedings in connection with a crime or delinquency.

Recently, due to the weakening of home and school functions and the increase in harmful environments through the Internet and media, crimes and delinquency by youth have become increasingly evident, emerging as a serious social problem.

However, unlike adults, juveniles are immature beings who are still in the process of growing physically and mentally, so in juvenile cases, the focus is on preventing re-delinquency through education and protection, taking into account the juvenile's environment and growth potential, rather than punishment.

Juvenile law applies different procedures to juveniles by dividing them into juvenile offenders, juvenile offenders, and juvenile delinquents depending on the juvenile's age and type of behavior.

criminal boy

This refers to a boy between the ages of 14 and 19 who commits a crime.

boy

This refers to a boy between the ages of 10 and 14 who commits an act that violates penal laws.

According to the Criminal Act, criminal punishment cannot be imposed on children under the age of 14 (Article 9 of the Criminal Act). Therefore, a juvenile between the ages of 10 and 14 who commits an act that violates the criminal law but cannot be subject to punishment because he or she has not reached the age of criminal responsibility is called a minor.

criminal boy

This refers to a boy between the ages of 10 and 19 who ① moves in groups to create anxiety among those around him, ② runs away from home without justifiable reason, ③ has a habit of drinking, making noise, or being in a harmful environment, and falls under any of ① to ③ above and is at risk of committing acts that violate criminal laws in the future, considering the boy's personality or environment.

Juvenile cases, like general criminal cases, first go through procedures by the police and prosecutors. However, considering the special nature of juvenile cases, they have several characteristics that are different from the procedures for general criminal cases.

Handling of juvenile cases by police

In the case of juvenile offenders and juvenile offenders, they are sent directly to the juvenile department of the competent court without going through the prosecution. If the incident is minor, the police may take action or take disciplinary action.

However, in the case of juvenile delinquents, the case is, in principle, sent to the prosecutor's office.

Handling of juvenile cases at the prosecution

If, as a result of investigating a criminal case against a juvenile, the prosecutor determines that there are grounds for a protective order, he or she must transfer the case to the juvenile department of the competent court. However, if this is not the case, they will be charged in a regular court and treated the same as regular adult offenders.

In cases where there is a low risk of reoffending and there is a need for protection, a conditional suspended indictment may be granted.

A conditional disposition of deferred prosecution means that a prosecutor grants a suspended indictment to a criminal juvenile on the condition that ① he or she receives guidance from a volunteer crime prevention member appointed by the Minister of Justice, or ② he or she receives counseling, education, activities, etc. from organizations or facilities related to the guidance and education of juveniles. If the juvenile faithfully complies with the regulations within the specified period and does not reoffend, no prosecution will be filed.

notification system

Meanwhile, the head of the school, social welfare facility, or probation office that discovers a juvenile delinquent, a juvenile under the law, or a juvenile offender may notify the juvenile department of the competent court (Article 4, Paragraph 3 of the Juvenile Act). It is a procedure to file a case directly with the court without going through investigative agencies such as the police station or the prosecutor's office. It is a system that allows you to easily request the court to resolve the juvenile problem in the early stages of the juvenile problem.

As a result of the investigation and hearing, the juvenile division judge determines whether there is a need for protection and to what extent, and makes one of the following decisions.

Non-disposition decision

If it is recognized that protective measures cannot be taken or are not necessary, it is a decision not to take any measures. The case is closed with a decision of non-disposition.

Sent to prosecutor

If, as a result of the investigation or hearing, a crime that is punishable by imprisonment or heavier punishment is discovered, and it is recognized that criminal punishment is necessary in light of the motive and nature of the crime, the decision is made to forward the case to the prosecutor.

Juvenile protection disposition decision

If it is deemed necessary to take protective measures, you will choose from the 10 protective measures below. You may be able to combine several protective measures.

• No. 1: Entrustment of custody to a guardian or a person who can protect the boy on behalf of the guardian
• No. 2: Order to attend class
• No. 3: Community Service Order
• No. 4: Short-term probation by probation officer
• No. 5: Long-term probation by probation officer
• No. 6: Entrustment of custody to welfare facilities or other juvenile protection facilities under the Child Welfare Act.
• No. 7: Entrustment to a hospital, nursing home, or juvenile medical protection facility in accordance with the Act on the Treatment of Protected Juveniles, etc.
• No. 8: Sent to juvenile detention center within 1 month
• No. 9: Sent to short-term juvenile detention center
• No. 10: Sent to long-term juvenile detention center