Japan has a institutional system for restitution caused by wrong disposition for juvenile offenders. In comparison to Japan, Korea has been recognized that the damage from crimes should be overlooked if it is to protect juveniles. However, this concep...
Japan has a institutional system for restitution caused by wrong disposition for juvenile offenders. In comparison to Japan, Korea has been recognized that the damage from crimes should be overlooked if it is to protect juveniles. However, this conception needs to be changed.
Criminal restitution have to be guaranteed in the process of juvenile justice. Article 28 of Constitutional law proscribes the right to claim of criminal restitution for criminal defendant or criminal suspect as a basic legal right. Also considering the criminal restitution is compensation for illegal governmental authority and it does not need intention or negligence, criminal restitution should be applied in juvenile case.
Though Japan particularly proscribed the criminal restitution in juvenile justice, it would be more desirous for Korea to add the related regulations to the Juvenile Act.