소년조사제도의 문제점과 개선방안

Abstract

The juvenile act intends to contribute to sound growth of juvenile ultimately through necessary measures such as regulation of environment and correction of conduct for juvenile with antisociality. For doing so, judgment of antisociality shall be preceded preferentially through actual understanding of environment or conduct of the juvenile to impose necessary measures such as protective disposition etc., and fore the aforementioned, juvenile justice procedure uses various juvenile investigation systems for each stage. Police stages use delinquency forecast data sheet and juvenile environment investigation report through expert participation system in the process of investigation, and in the stage of prosecution, prosecutor pre-determination investigation system has been adopted to request the director of probation office, juvenile classification review center, juvenile reformatory or juvenile delinquency prevention center for investigation of conduct․career․ living environment․necessity of protection of juvenile. In the stage of court, it can be examined by dividing into juvenile investigation system in protection cases and the one in criminal cases, and investigation of investigator and diagnosis of expert, classification result and opinion from the juvenile classification review center and pre-determination investigation to consider investigation result and opinion of probation office are used for the former, and investigation of investigator and pre-judgment investigation to request investigation of convicted juvenile defendants are applied respectively for the latter. Lastly, classification treatment review, environment investigation and classification review have been implemented as juvenile investigation systems in the stage of correction. Presently, juvenile investigation system has been implemented in various types and methods from the stage of police to the stage of correction, but the ultimate intentions to make a practical investigation into the environment and conduct of juveniles and provide help to individual treatment suited to the result are the same. However, duplicate investigation caused by request for new investigation of similar matters from each institute, issue of substantialization or expertise in the process of investigation caused by vastly insufficient skilled manpower for investigation, and discretionary decision for implementation of investigation of juvenile in all cases have been pointed out as problems. This manuscript aims to suggest rational improvement plans for the present juvenile investigation system after analyzing the present status of juvenile investigation system in each stage and problems generated in the course of implementation.