소년사법제도의 개선방안 연구

Abstract

Checking the ratio of juvenile criminals to whole criminals for the last 5 years, it was 4.4% in 2011 and rose to 5.1% in 2012. Thereafter, it fell constantly to 2015. It is judged that the decline of ratio of juvenile criminals is due to the exclusion of those in 19 years from juvenile criminals with the enforcement of amended Juvenile Act in 2008 and reduction of the overall population of juveniles. Notwithstanding, the crime is characterized with lower age, ferocity, group, intelligent and accumulation. If juveniles are given the disposition of simple custody only because of consistent juvenile protectionism based on biological age or incompetence for age below 14 years in full as per Article 9 of Criminal Law, although juvenile crimes are in the tendency of lower age, ferocity and accumulation, such disposition may be opposed by feeling of law of people. For such reason, the countries in the English and American law system tend to punish juvenile criminals more rigorously than paternalism. Declining the age of criminal minority is being considered. Unless juveniles are physically and mentally healthy in any society, the future of that society would not be bright. Interest in the issue of juvenile is to prevent the problematic situation that may arise in the future. Diagnosing the idea of juvenile justice, concept of juvenile crime, juvenile justice system of foreign countries, present situation of juvenile protection system, this study intends to present the improvement method of juvenile justice system.