Balancing Rehabilitation and Punishment: Juvenile Justice System in South Korea

EXECUTIVE SUMMARY

The South Korean juvenile justice system’s lenient treatment of juveniles, particularly minors aged 10 to 13 who are exempt from receiving any criminal punishments, is contributing to the increasing juvenile crime rate. The lax consequences that minors receive solely due to their young age not only fail to deter juveniles from engaging in criminal behavior, but many juveniles have been taking advantage of the law to commit heinous crimes. Despite the current juvenile justice system’s aim to prioritize rehabilitation rather than punishment, many citizens and victims of youth crime have been urging a revision of the Juvenile Act. The South Korean government has been working on implementing changes to prevent juvenile delinquency, including lowering the minimum age of criminal responsibility and focusing on the rehabilitation system. However, due to the complex nature of the offenses and the differing opinions surrounding the Juvenile Act, there is no singular solution to solve the increasing rate of youth crime. Rather, a comprehensive solution consisting of educational programs could help deter recidivism, as well as integrating a punishment system based on the severity of the crimes committed instead of the age of the offender could help mitigate the seriousness of youth crime.

INTRODUCTION

South Korea has experienced rapid modernization and urbanization throughout the years, leading to substantial economic growth, technological advancements, and global cultural influence. However, despite these societal advancements, the juvenile delinquency rate for minors aged 10 to 13 has been increasing correspondingly, with 9,051 cases in 2018 and 16,836 cases in 2022, reaching a new peak every year (Supreme Court, South Korea 2022). The Ministry of Justice of South Korea also announced that the number of juvenile criminals doubled between 2013 to 2022 (Shin). First introduced in 1958, the Juvenile Act serves as the regulatory framework for the juvenile justice system in South Korea, enacted to “ensure sound fostering of juveniles by carrying out necessary measures, such as protective dispositions, etc. for the environmental adjustment and character correction of juveniles demonstrating anti-social behavior, and by providing special measures regarding criminal dispositions” (Supreme Court, South Korea).

Juveniles (persons under 19 years of age) in South Korea are divided into three categories based on their age: Chokbeop Seonyeon (10–13 years old), Beomjoe Sonyeon (14–19 years old), and Ubeom Sonyeon (10–19 years). Crimes committed by minors 10 to 13 years of age (Chokbeop Seonyeon) are classified as protective cases, where they are exempt from any criminal punishments and are given protective dispositions regardless of the severity of the crime committed. On the other hand, criminal offenses committed by juveniles ages 14 to 19 (Beomjoe Sonyeon) are distinguished as criminal cases where they can be tried as adults. Juveniles who are under the age of ten face no legal punishments as both criminal law and juvenile law cannot be applied to them (Oktaviani et. al). The juvenile justice system in South Korea prioritizes opportunities for juvenile offenders to reform and rehabilitate rather than focusing on punitive measures. As a result of the government’s recognition that minors lack emotional maturity and fully developed cognitive abilities to make wise decisions, most minors including ages 10 to 19 are given protective dispositions. The status quo is aligned with the South Korean juvenile justice system’s aim for the rehabilitation of juveniles, as they resolved 25,579 juvenile cases as protective cases with protective dispositions and 364 juvenile criminal cases as criminal penalties in 2020 (Oktaviani et. al).

The motivations and backgrounds behind juvenile crimes are diverse and conceivably intertwined, including family issues, school environment, and social structure. In a study examining the causes of nonviolent and violent delinquencies among adolescents in South Korea, the most significant factor contributing to delinquency emerged from parental effects such as poor supervision, lack of parental involvement, and harsh discipline. Although the determinants varied depending on gender, other factors including delinquent peer involvement, poor school performance, academic stress, and low socioeconomic status were predictors of delinquency (Bax and Hlasny). Furthermore, the light penalties given to juveniles because of their young age can cultivate a disregard for laws and be taken advantage of by children to commit crimes and perpetrate school violence. In fact, Smart Student Uniform conducted a survey asking teenagers, “What do you think causes juvenile crimes?” and 65.1% answered weak punishment as the main reason while 14.3% answered family environment and 9.3% answered personal cause (Moon). Whether it’s sexual violence, assault, or even murder and dismemberment, juveniles under the age of 14 are not subject to any criminal charges. Although the core idea of the Juvenile Act is rehabilitation, there have been differing viewpoints regarding how juveniles should be handled in addition to the inconsistencies in the application of the Juvenile Act, which may be abused by young criminal offenders.

Juvenile Act (Sonyeonbeob)

Criminal minors can only legally be tried under the Juvenile Act, which exempts offenders aged 10 to 13 from receiving any criminal consequences. They are tried as protection cases, with the severest punitive action being two years of incarceration at the juvenile detention center and community service without a criminal record (Juvenile Act, South Korea). The insufficient punishment following heinous crimes has affected the extremity of crimes committed by children aged 10 to 13 (Chokbeop Sonyeon), with a significant increase from 6286 violent criminal cases in 2017 to 8474 cases in 2021. With a total of 35,930 violent crimes committed by juveniles between 2017 and 2021, theft was committed the most with 22,993 cases, followed by 10,199 cases of physical assault, 1913 cases of sexual assault, and 9 murder cases (National Police Agency, South Korea). The range and seriousness of the crimes committed by children despite their young age highlight the complicated issues surrounding youth crime, not to mention the mild consequences these juveniles receive. Moreover, the Supreme Court data released by Representative Kang Min-kuk, a member of the People Power Party, revealed that only 3.1% of the 18,084 major crime cases (i.e. murder, rape, robbery, etc.) committed between 2017–2022 by juveniles aged 14 to 19 (Beomjoe Sonyeon) received criminal punishments while the rest were referred to youth correction institutions (Supreme Court, South Korea 2022). Kang pointed out that “some law firms even [advertised] that ‘if we take this case, you can get a protective disposition that does not leave a criminal record’” (Kang). This raises concerns regarding the light punishments towards criminal minors that could not only be manipulated by juveniles but also potentially dismiss the suffering of victims and undermine judicial justice.

Indeed, the Juvenile Act can be abused as a means to get away with serious crimes. In May 2020, eight 13-year-old middle school students who stole a rental car from Seoul hit a motorcycle and killed an 18-year-old college student. Immediately after the accident, they attempted to run away and steal another vehicle but were not criminally punished due to their young age. Instead, only the student who drove the vehicle was handed over to family court and the remaining were sent back to their families. The public’s anger continued when the same group of students was arrested again for assaulting a classmate in July of the same year, as the victim described, “After tying me with a cable tie and hitting me, he burnt my wrist with a lighter” (Park). The lack of penalty and responsibility held for juveniles not only failed to deter criminal behavior but has outraged the victims, as the perpetrators’ parents inflicted secondary harm by reportedly asking the victim’s family for a settlement without an apology. Despite the repeated violence and delinquent behaviors of these juvenile offenders, the victim-blaming attitudes and lack of remorse exhibited by both the perpetrators and their families indicate the pivotal influence of effective parenting in shaping individuals’ behavior and mental well-being, which otherwise, could lead to youth crime. Furthermore, in April of 2023, the adolescent perpetrators of sexual harassment and assault responded to the victim’s parent by texting them “We’re criminal minors, so we don’t get punished. Don’t threaten us lol” when they were asked to apologize to the victim (Yoon). The shameless behaviors of the perpetrators stem from a flagrant disregard for laws and a lack of fear for the consequences of their malicious actions, further exacerbating the anger of victims and their families. These mild punishments for the horrendous crimes committed by juveniles sparked controversy about potentially lowering the criminal age, setting a precedent for the strengthening of the Juvenile Act.

REHABILITATION VS PUNISHMENT

Alternative 1: Lowering the criminal age

Since the establishment of the Juvenile Act in 1958, the standard age has been revised several times. In 2007, the legal adult age changed from 20 to 19 and the range of criminal minors changed from between 12 to 14 to between 10 to 13, taking into account the development of social and physical maturity of children. The 2022 Korea Policy Briefing described the major physical development of juveniles and social environment changes throughout the years, with “the average height and weight of a 13-year-old juvenile in Seoul [being] 150.8cm and 39.3kg in 1975,” whereas “it increased to 167.4cm and 60.9kg in 2019.” In addition to the lowering of the legal adult age, the government also previously lowered the candidacy age from 25 to 18 and the voting age from 20 to 18, further attesting to the increase in the social maturity level of juveniles along with physical developments (Shin). Certainly, juveniles today differ from those when the Juvenile Act was first passed, highlighting the need for a revision that aligns with current societal standards.

To cope with the surge in violent juvenile crimes, the Ministry of Justice ordered a task force in June of 2022 to review ways to lower the minimum age of criminal responsibility from 14 to 13. As pledged by South Korea’s President Yoon Suk-yeol during his election campaign to lower the criminal age by two years to 12, Yoon stated, “When it comes to human rights, the rights of the offender are important, but the rights of the victim or potential victim are also important, so we decided to take a step that is in line with the global trend” (Lee). However, the proposal is still currently pending in the National Assembly due to conflicting controversies regarding the lowering of juvenile age.

The National Human Rights Commission emphasizes education and reform of the juvenile criminal justice system and opposes the proposal to lower the minimum age of Juvenile Act liability, claiming that “age adjustment is not effective in preventing juvenile delinquency and is undesirable in terms of international human rights and the U.N. Convention on the Rights of the Child” (“Lowering criminal age”). In fact, the United Nations Committee on the Rights of the Child recommended South Korea’s government to maintain the minimum criminal age at 14 as there is a possibility that juveniles will not understand the impact of their actions (Shin). Although this can vary depending on their age and development, research has shown that “juveniles are less capable of mature judgment than adults, more vulnerable to negative influences, and have a greater capacity for change and reform than adult offenders” (“UC Irvine”). As a result, the commission believes it is still difficult to hold children responsible for their actions and administer harsh consequences to them despite the physical and social development of adolescents throughout the years. Severe penalties could stigmatize juveniles who could be rehabilitated as criminals and make it difficult for them to reintegrate into society. Professor Oh Yoon-sung of the Department of Criminology and Police Administration at Soonchunhyang University also claimed that lowering the criminal age would not have any significant changes to the current juvenile crimes as “only children who have committed highly serious crimes will be subject to the Criminal Act, and the majority will be subjected to the Juvenile Act as usual.” Because only a small percentage of juveniles commit serious felonies, only a few would be punished under the Criminal Act (Kim). While the lowering of the criminal age is intended to strengthen deterrence and toughen measures, its effectiveness and validity are questioned as it does not closely align with the core values of the Juvenile Act.

Alternative 2: Strengthening rehabilitation and non-detention measures

The rising youth crime rate has led to a great number of juveniles being sent to juvenile detention centers. Consequently, the conditions within the facilities have been deteriorating as Park Ki-young, a Juvenile Affairs Division officer at the Southern Police Station, points out, “the probation officers in charge of follow-up management are lacking and reformatories and juvenile facilities are already saturated” (Shin). Despite the focus of the Juvenile Act to support and provide opportunities for juveniles to rehabilitate through various non-custodial measures, the likelihood of juveniles returning to criminal behavior is also concerning. The recidivism rate for juveniles was 12% in 2021, higher than the rate of 4.5% for adult criminals as announced by the South Korean Ministry of Justice (Shin). This suggests that the current rehabilitation system may be ineffective and fails to address the root causes of juvenile delinquency. Moreover, a study conducted on juvenile offenders on probation or parole revealed to have several psychiatric disorders, with conduct disorder as the most frequently found disorder (49%), followed by alcohol dependence (45%), suicidal tendencies (34%), and ADHD (28%). In regards to the relationship between specific psychiatric disorders and the risk of recidivism, “alcohol use disorder was significantly associated with repeated crimes” (Lim et. al). These statistics suggest an urgency for education and treatment programs within the juvenile detention system. Considering the prevalent risk of recidivism and the high number of mental health issues among adolescent offenders, therapeutic interventions may also be necessary to help lower repeated crimes and prevent such illnesses from persisting.

Alternative 3: Addressing root causes

In addition to enhancing juvenile detention facilities, addressing the root causes of youth crime is essential to strengthening the rehabilitation system. With alcohol abuse being a significant factor contributing to juvenile delinquency, preventive measures such as educational programs and early interventions are crucial. As a result, the National Police Agency of South Korea launched the Korean School Police Officers (KSPO) program to regulate the escalating concerns about school violence including bullying, academic pressure, and mental health issues of students. Specialized police officers with a degree in counseling or youth education were stationed on school campuses to focus on counseling and educating activities such as “giving classes for crime prevention, participating in school crime committee meetings, and responding to reports of school crime.” However, the presence of KSPOs in school environments did not have a strong correlation to a decrease in school violence nor self-reported violent delinquency and fear of victimization (Han and Connell). Instead, the Community Preventive Services Task Force recommended family-based interventions to prevent substance use, which include “[teaching] parents and caregivers to enhance their children’s substance use preventive skills and practices” (Lansky and Baldwin). This method could not only reduce substance use progression among youth but also improve parenting skills and family relationships. However, due to the multifaceted issues surrounding the factors influencing youth crime, there must be a more detailed and comprehensive approach to address the underlying issues of youth crime.

APPROACHES TO JUVENILE JUSTICE

Implementing educational programs

As emphasized by the South Korean juvenile justice system, it is crucial to prioritize rehabilitation and address the root causes of youth crime, as well as prevent repeated crimes committed by juveniles. To facilitate a positive learning environment and have a long-term impact, juvenile detention centers must offer diverse educational opportunities tailored toward individual interests and capabilities. In a study on improving treatment in juvenile training programs, about 70 percent of respondents wanted an expansion of diverse vocational programs and opportunities. Helping adolescents be equipped with the knowledge and skills needed for future career opportunities will not only help them better reintegrate into society but also provide support and resources for them to make wise decisions. Other educational programs could include counseling and therapy sessions for detailed assessments and active management of psychiatric disorders present in juvenile detainees. The mental health issues prevalent in juvenile detention centers include hyperactivity, conduct problems, and antisocial behavior, all of which are “risks for juvenile and adult criminal behavior” (Jeon et. al). Moreover, government support and emotional empathy from juvenile detention staff are crucial to helping juveniles survive the probation period and lower the chances of recidivism. (Lee et al. 158).

Imposing stricter punishments

In addition to strengthening the current rehabilitation system, the South Korean juvenile justice system should implement stricter punishments for juveniles who commit serious crimes. As the severity of crimes committed by juveniles is increasing, penalties should be imposed based on the degree of the crime committed rather than the age of the perpetrator. While age is an important factor when determining crime consequences, the Juvenile Act should not exempt anyone, regardless of their age, from receiving harsh consequences for the criminal offenses they’ve committed. In fact, implementing strict punishments for juveniles and holding them accountable for their actions is not unusual. In the United States, any teenager over 11 can be tried for federal crimes like adult felons and 33 U.S. states even allow legal punishments against minors regardless of their age (Kim). As seen in various juvenile cases, the surge in adolescents’ reckless behavior and disregard for the juvenile law is unacceptable. Thus, punishments must be allowed to apply for certain heinous crimes committed by children in order to discourage criminal activities and uphold societal norms. Although reformation of the juvenile justice system is important, juveniles need to know the seriousness and consequences of committing serious crimes by increasing the level of punishment (Lee).

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