🚨 Juvenile Offender

Today Korean Social News for Beginners | 2025.08.10

0️⃣ Criminal Punishment Exemption and Rising Crime, Age Limit Reduction Debate

📌 6 Billion Won Loss from Bomb Threat...Suspect is Unpunishable 'Juvenile Offender'

💬 Shinsegae Department Store's Myeongdong main branch suffered about 500-600 million won in sales losses after suspending operations for 2 hours and 30 minutes due to a bomb threat post. However, controversy grew as the suspect was under 14 years old and therefore cannot receive criminal punishment as a juvenile offender. During police investigation, the suspect stated they posted it out of simple curiosity. Under current law, juvenile offenders are exempt from criminal responsibility and can only receive protective measures. Civil responsibility can be borne by parents. Recently, juvenile offender crimes have more than doubled in 5 years, and amendments to lower the age standard are pending in the National Assembly.

💡 Summary

• Juvenile offenders are young people aged 10 to under 14 who receive protective measures instead of criminal punishment.
• The Shinsegae Department Store bomb threat caused hundreds of millions in losses, but criminal punishment is impossible because the suspect is a juvenile offender.
• Due to increasing juvenile crime, amendments to lower the age standard to under 13 are being discussed.

1️⃣ Definition

Juvenile Offender refers to a young person aged 10 to under 14 who commits a crime but receives protective measures instead of criminal punishment. The term 'juvenile offender' means 'violating the law', representing the concept that while they broke the law, they are too young to bear full responsibility.

This follows the basic spirit of juvenile law that emphasizes education and protection over punishment to help minors grow properly. Instead of criminal punishment, family courts decide on protective measures focusing on rehabilitation and resocialization.

💡 Why is this important?

• It's a system that supports healthy growth and social reintegration of minors.
• It embodies values that prioritize education and protection over criminal punishment.
• It's an important standard for finding balance between social safety and youth protection.
• It's the core legal basis for juvenile crime response policies.

2️⃣ Current Status and Problems of the Juvenile Offender System

📕 Current Juvenile Law System and Punishment Methods

• Different legal treatment is given according to age. Main classifications are as follows:

  • Under 10 years old are criminally immature minors who cannot receive criminal or protective measures.
  • Ages 10 to under 14 are juvenile offenders exempt from criminal punishment.
  • Ages 14 to under 19 are criminal juveniles who can receive criminal punishment.
  • Ages 19 and over are adults subject to general criminal law.
  • Different punishment methods and rehabilitation approaches are designed for each age group.

• There are various types and characteristics of protective measures. Main measures include:

  • Guardian custody entrusts educational responsibility to parents or guardians.
  • Attendance orders require participation in educational programs for a certain time.
  • Community service orders mandate volunteer work for the community.
  • Probation provides guidance from dedicated probation officers for a certain period.
  • Juvenile detention sends offenders to correctional facilities for up to 2 years of education.

📕 Recent Trend of Increasing Juvenile Offender Crime

• Juvenile offender crimes are rapidly increasing. Main statistics are as follows:

  • Cases increased from 3,902 in 2019 to 8,268 in 2023, more than doubling in 5 years.
  • Particularly violent crimes and property crimes show significant increases.
  • Online crimes are also increasing due to internet and smartphone adoption.
  • New types of crimes like group bullying and cybercrime are emerging.
  • High recidivism rates raise questions about the effectiveness of current protective measures.

• Social damage and shock are growing. Main problems include:

  • Cases like the Shinsegae Department Store incident cause significant economic damage.
  • Victims or affected companies find it difficult to receive substantial legal remedies.
  • The fact that juvenile offenders don't receive criminal punishment causes public outrage.
  • Some teenagers intentionally commit crimes by exploiting their juvenile offender status.
  • Concerns about victim rights and social safety are growing.

💡 Major Problems with Juvenile Offender Crime

1. Abuse of Punishment Exemption: Intentional crimes exploiting the fact that criminal punishment is not possible
2. Limited Victim Relief: Structure where substantial compensation or punishment is difficult
3. Insufficient Crime Prevention Effect: Limitations in preventing repeat offenses with protective measures alone
4. Damaged Social Fairness: Gap between damage scale and punishment level
5. Unrealistic Age Standards: Standards that don't match modern youth development levels

3️⃣ Legal Amendment Discussions and International Cases

✅ Current Status of National Assembly Amendment Discussions

• Lowering the juvenile offender age standard is being actively discussed. Main amendments include:

  • The government and ruling party have pushed for amendments to lower the upper age limit from under 14 to under 13.
  • Some lawmakers have proposed stronger amendments to lower it to under 12.
  • There are also proposals to make exceptions for serious violent crimes (murder, robbery, rape, etc.).
  • System improvement measures to enhance the effectiveness of protective measures are also being discussed.

• Public opinion and expert views are in conflict. Main perspectives include:

  • Public opinion generally favors lowering the age standard.
  • Child and youth experts emphasize the importance of education and counseling over punishment.
  • The legal community mostly believes a careful approach is needed.
  • From a victim rights protection perspective, there are strong voices for practical improvements.

✅ International Response Systems to Juvenile Crime

• Each country applies different age standards and punishment methods. Main examples include:

  • In the US, standards vary by state, but most allow criminal punishment from ages 12-13.
  • The UK sets the criminal responsibility age at 10 years old.
  • Germany and France allow criminal punishment from 14 but prioritize educational measures.
  • Japan classifies those under 14 as juvenile offenders, same as Korea.

• Efforts to balance punishment and education are emerging. Main characteristics include:

  • Most countries maintain policies prioritizing education and rehabilitation for minors.
  • For serious crimes, age standards are sometimes applied flexibly.
  • Minimum sanctions for victim protection and social safety are implemented alongside education.
  • Comprehensive approaches strengthening the role of families and communities are adopted.

4️⃣ Related Term Explanations

🔎 Juvenile Law

• Juvenile law is special legislation dealing with crimes by minors.
  • Juvenile law is legislation aimed at promoting the healthy development of juveniles under 19 by taking necessary measures such as protective measures for environmental adjustment and behavior correction, and making special provisions for criminal punishment.
  • Main content of juvenile law includes: First, protective measure provisions for juvenile offenders (ages 10 to under 14). Second, provisions for both criminal and protective measures for criminal juveniles (ages 14 to under 19). Third, preventive protective measure clauses for pre-delinquent juveniles. Fourth, specifying the authority and procedures of family court juvenile departments.
  • Juvenile law prioritizes guidance through education and counseling over punishment based on 'protectionism' as its basic principle. However, due to recent brutalization of juvenile crimes and expanding damage, the need for system improvements has been raised, and finding a balance considering victim protection and social safety is a challenge.

🔎 Protective Measures

• Protective measures are non-criminal sanctions imposed on juvenile offenders.
  • Protective measures refer to measures issued by family courts to correct juveniles' behavior and adjust their environment to raise them as healthy members of society. Unlike criminal punishment, they aim for education and protection, and do not leave criminal records.
  • Types of protective measures include: First, guardian custody entrustment where parents or guardians directly educate the child. Second, attendance orders requiring completion of specific programs within 40 hours. Third, community service orders directing unpaid volunteer work within 200 hours. Fourth, probation requiring guidance from dedicated probation officers within 1 year. Fifth, juvenile detention requiring education at juvenile facilities for up to 2 years.
  • Protective measures are decided considering the juvenile's character, environment, crime motive and circumstances comprehensively. Since the purpose is education, not punishment, helping juveniles adapt to society is key. However, recently questions about the effectiveness of protective measures have been raised, leading to active discussions on system improvements.

🔎 Civil Damages

• Civil damages are a system to compensate for harm caused by illegal acts with money.
  • Civil damages refer to civil law responsibility to compensate for damage with money when harm is caused to others intentionally or negligently. This is a right for victims to claim compensation from perpetrators, separate from criminal punishment.
  • For juvenile offenders, under Civil Act Article 753, they are classified as persons without capacity for responsibility and are exempt from damage compensation liability themselves. Instead, under Civil Act Article 754, parents or guardians may bear damage compensation responsibility if they neglected their supervisory duties intentionally or negligently. However, parents can avoid responsibility if they prove they fulfilled their supervisory duties.
  • In the Shinsegae Department Store case, civil compensation of about 600 million won can be claimed from the suspect's parents. However, complete damage recovery is difficult due to practical difficulties such as actual compensation ability and proving supervisory duty violations.

5️⃣ Frequently Asked Questions (FAQ)

Q: Do juvenile offenders really receive no punishment at all for committing crimes?

A: They don't receive criminal punishment, but they do receive certain sanctions and education through protective measures.

• While juvenile offenders don't receive criminal punishment (fines, detention, imprisonment, etc.), they do receive protective measures from family courts. Protective measures include attendance orders, community service orders, probation, and juvenile detention, which can impose significant sanctions depending on the severity of the crime. Particularly for juvenile detention, freedom is restricted for up to 2 years while completing educational programs. First, attendance orders require participation in educational programs within 40 hours. Second, community service orders require unpaid volunteer work within 200 hours. Third, probation involves guidance and supervision from dedicated probation officers within 1 year. Fourth, juvenile detention involves being housed in juvenile facilities for education within 2 years.
• However, there is a perception that these protective measures are lighter than criminal punishment, and questions about effectiveness are being raised due to actually high recidivism rates.

Q: How do other countries set juvenile offender age limits?

A: Each country applies different standards, with differences according to social environment and legal systems.

• Criminal responsibility ages vary by country worldwide. First, the US has no explicit federal provisions, but most states allow criminal punishment from ages 12-13. Particularly for serious crimes, even younger children can be sent to adult courts. Second, the UK sets the criminal responsibility age at 10, which is quite low. Third, Germany and France allow criminal punishment from 14 but prioritize educational measures. Fourth, Japan classifies those under 14 as juvenile offenders, same as Korea. Fifth, Scandinavian countries set it relatively high at 15.
• Looking at recent international trends, rather than simply lowering ages, development is moving toward individually judging crime severity and juvenile maturity. There's also a tendency to strengthen comprehensive approaches including punishment alongside education, counseling, and family support.

Q: What relief can victims of juvenile offender crimes receive?

A: While criminal relief is limited, civil relief and national support systems can be utilized.

• There are several ways victims of juvenile offender crimes can receive relief. First, civil damages can be claimed from the perpetrator's parents. However, violation of parental supervisory duties must be proven, and actual compensation ability must be considered. Second, national crime victim support systems can be used. Medical expenses, living costs, etc. can be supported through the Ministry of Justice Crime Victim Support Center. Third, support according to local government victim support ordinances is also available. Fourth, if it's a school incident, compensation from the School Safety Mutual Aid Association is possible. Fifth, for psychological damage, free counseling services or treatment support can be received.
• However, in reality, these relief measures are often insufficient compared to the scale of damage, so system improvements and expansion of victim support systems are needed.

Contents

• Go to Guide