소년사법의 개선방안에 관한 연구 = A Study on Improvement of Juvenile Justice

다국어 초록 (Multilingual Abstract)

One of main features of Korean criminal judicature system with respect to juvenile delinquency is that the rate of prosecution is not only lower than in adult crime but also that of non-prosecution such as suspension of indictment is respectively high. But Juvenile delinquency is increasing quantitative. Specially, there is growing the recommitted rate of juvenile offenders. 38) The principle of juvenile protection is emphasized in the juvenile judicial system because they are mentally immature. But, some people estimate the traditional juvenile judicial system reached the limits on the ground of the growing recommitted rate of juvenile delinquents. So, in recent, some peoples advocate also the balanced and restorative justice in juvenile judicial procedure. They say this system provides a framework for systemic reform and offers hope for preserving and revitalizing the juvenile judicial system. On the other hand, some people emphasize the police` role, as the gate-keeper of juvenile judicial procedure, in the course of treating of juvenile delinquents, and maintain to enlarge the police diversion in order to minimize the negative effect by juvenile judicial procedure. Police diversion is estimated a kind of restorative justice for juvenile delinquents. Recently, Korean Police Agency has enforced a few diversion system, professional involvement system in the police investigation, family group conference, conditional booking suspension system etc., as methods for preventing that juvenile delinquents recommitted. They are estimated as effective system for re-socialization of juvenile delinquents. So, in this paper, I will suggest the plans for fostering the efficiency of the police diversion. In order to promote specialization of the prosecution of juvenile crimes, an exclusive juvenile court needs to be established, because the juvenile justice procedure, unlike the general criminal procedure, essentially requires cultivation of specialists and experts in the field. Currently, Korea does not have such exclusive juvenile court and all juvenile cases are being handled by the Juvenile Departments of Seoul Family Court and other regional courts. Considering the distinct characteristics of juvenile crimes and the efficiency of the juvenile justice system in dealing with juvenile crimes, it would be desirable to establish a juvenile court that exclusively handles all juvenile cases. The recent amendment of Juvenile law will cause a lot of changes for The Protective Disposition, Juvenile Probation and Parole since they are mainly based on Juvenile law. There are neverthless some challenges to be resolved in order to operate these new systems. First, In the investigation system before prosecutors` judgement, the objectivity should be maintained so that the investigation may be done objectively. Second, The Training Programs should be developed in order to enhance expertise of the juvenile prosecutor, juvenile judge and juvenile investigator. Third, the purpose of The Protective Disposition is to prevent juveniles in the early stage of delinquency from committing recidivism through offering the open treatment based on character-building education. Fourth, to solve these problems, specialized organizations for juvenile delinquent such as Department of Justice should appoint certain private facilities so that the facilities should be intensively managed and supervised. Last, for the disposition of Juvenile Protection, several programs shouldbe developed. This study suggested the alternatives to improve the effectiveness of the Protective Disposition. The perception of the disposition should be reshaped to impose this disposition on proper juveniles who is in early stage of delinquency

참고문헌 (Reference)

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