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정해룡 ( Hae-ryong Chung ) 한국소년정책학회 2003 少年保護硏究 Vol.- No.5
This study aims to take a look at the operation of the juvenile classification review system in Korea and seeks methods of desirable development for prevention of youth misconduct and recurrence. In Korea, the Seoul Juvenile Classification Review Board first began in 1977, and it was followed by 5 additional institutions established in Seoul, Busan, Daegu, Daejeon and Gwangiu, as it stands in the present. In addition, the juvenile correctional institution has been undertaking the works of the Juvenile Classification Office in Jeonju, Cheongju, Chuncheon and Jeju. At 3 locations with regional district courts, Incheon, Suwon and Changwon, where juvenile correctional institutions have not been established, the commissioned accommodation amangement and classification review works for juveniles is performed at the Seoul Juvenile Classification Office for Incheon and Suwon, and the Busan Juvenile Classification Office for Changwon. The Juvenile Classification Office is commissioned to protect juvenile criminals, underage juveniles, and crime watch juveniles of 12 to 20 years of age who are entrusted by the juvenile division of a family court or regional district court. Its role is to clearly assess the personality of the subject juveniles scientifically based on psychology, education and psychological medicine and method of the treatment and instruction, while providing the necessary information needed for investigative inquiry into the juvenile division of a family court or regional district court. It further provides instructive information to the enforcement agency of protective disposition, the correctional institution for juveniles, protection monitoring office or guardian of commissioned juveniles, as well as providing the treatment service and education for the subject juveniles, and prevents unlawful misconduct of abiding youth in the community. Looking at the recent status of 5 years of youth crime, there is an average of approximately 143,000 criminal juveniles, and the number of juveniles received at the juvenile protection facilities reached approximately 37,000 persons. In the national institutions that are equipped with professional treatment systems like the Juvenile Classification Office, the youths who have been treated for causes of problems or educational service number only about 7,000 persons. Therefore, most juvenile criminals who are sent to the Juvenile Division under a non-restraint condition return to their guardians without any special treatment or building up of a proper environment, and are again exposed to the former destructive environment, leading to committing further crimes. Therefore, in order to prevent recurrent juvenile misconduct, it is important to accurately clarify the cause of juvenile misconduct at an appropriate time along with the building up of an environment and education for support. And for such purposes, active utilization of the juvenile classification review system is needed. The conversion of the Juvenile Classification Office into an open system is currently in the works, and the needs to expand the functions during the course of innovating organizational management has emerged. The following is the direction of development for the juvenile classification review system: First, it may be necessary to introduce and implement the Protected Juvenile Counseling Investigation System. This system is where, after having the juvenile sent to the classification office within the shortest period of time as a method of taking daily attendance and not as a commitment, the juvenile returns home after having undergone a comprehensive examination for the clarification of the cause of misconduct through individual consultation with the classification officer, examination inspection, and others, and small-sized branch offices of the Juvenile Classification Office have been established nationwide to provide user-oriented administrative services. Second, it is desirable for the classification officer who examined the juvenile criminal’s tendencies and the environment where the misconduct occurred must participate in the course of the juvenile case examination and testify with the permission of the court as to his/her opinion - the Classification Officer Examination Participation System. Third, there is a need to improve the juvenile judiciary procedure to duly realize the human rights protection of juveniles and the ideology of the Juvenile Act by separately establishing a temporary court in the Juvenile Classification Office and introducing the "circuit justice system”, where the judges of the Juvenile Division of the Court visit the Juvenile Classification Office and examine the commissioned juvenile. Fourth, in order to prevent youth misconduct in the community, the functions, such as a regular organization of youth aptitude testing office and others, must be expanded, and its role as the short-term commissioned educational institution for students who are unable to adapt to the general school system and the expansion of special education on people subject for stay of prosecution must be strengthened. For this purpose, the Juvenile Classification Office needs to build up the environment to provide an open-style administrative service along with structuring of the classification review system. In addition,a system for timely intervention of the juvenile under crime watch, notification to the principal and others, be activated to supplement the problem youth processing system in school, and in response to diversification of disposition types, heightening the efficacy of protection disposition, rearranging pertinent laws and regulations, including the Juvenile Act and others, must follow.
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