소년의 형사책임능력과 치료적 처우 방안에 관한 고찰

Abstract

In the current Criminal Code, Article 9 stipulates that those who are under 14 years of age are not capable of being uniformly accountable. On the other hand, The Juvenile Act stipulates treatment for teens aged 10 to 19 years. Based on the relationship between Juvenile Act and Criminal Code, I first examine what the nature of criminal responsibility is. In addition, when considering the criminal policy for preventive purposes at the stage of responsibility, I give the reason why the special handling of the juvenile is valid and the reasons why the juvenile offender is more effective in preventing crime compared to an adult criminal. Therefore, as an alternative to prevent and reduce juvenile delinquency, it emphasizes the cause rather than the result of the crime, and suggests a therapeutic justice system to avoid the cause of crime. It requires a paradigm shift in the traditional way of courts and judicial systems. I suggest that it is necessary to introduce a Korean-style problem-solving court, which aims to make courts a central center for solving various social problems by cooperating with various professional organizations in order to achieve common goals such as the establishment of a specialized independent court, such as a juvenile court. These therapeutic justices are particularly important for juvenile offenders because offenders that are immature, who have not yet reached adult status and commit crimes in any form, are a problem that must be treated as a disease, especially when the treatment of juveniles is more effective than that of adults. Considering that juvenile crime is a problem –not only for individuals, but also for families, society, and the state, it is necessary for the state to actively resolve it. In conclusion, I think that the introduction of therapeutic justice as one of the policies to prevent crime and recidivism, especially for juvenile offenders, is one of the ways to solve the problem of juvenile delinquency.