제20대 국회에 제출된 소년법 개정법률안에 대한 검토 - 제재강화에 대한 비판을 중심으로 -

Abstract

Enacted on July 24, 1958, the Juvenile Act have went through 11 times of revision so far. In the 20th National Assembly, total 42 cases of partially-revised legislative bill of the Juvenile Act were submitted and only 1 of the cases passed through Parliament, and the case was merely a reflection of the intent of the decision of constitutional nonconformity of the Constitutional Court for the Article 67, and the rest 41 bills were all discarded automatically due to the expiration. It is not too much to say that a forum for understanding problems of current juvenile act and seeking an improvement lead toward the area of legislation, and among others, understanding of the background, contents of proposing a partially-revised legislative bill of the Juvenile Act that has recently been presented to the National Assembly, difference with existing laws and relation to the other laws is considered the best way to examine the present state and the future of our Juvenile Act. In this respect, reexamination of 42 cases of partially-revised legislative bill of the Juvenile Act which were pending in the 20th National Assembly concretely by carrying out a complete enumeration survey in the situation when the term of the 21st National Assembly has just begun is expected to be of a great help to understanding of the great flow of the relatively recent policy on the juvenile act. Thus, this thesis aims to examine contents of revised bill related to intensification of criminal penalty against juvenile delinquents focusing on the exclusion of application of the Juvenile Act to specific crimes, lowering of the age of juvenile offenders, improvement of exceptional cases for death penalty, life imprisonment, indeterminate sentence, conditional release, restrictions on qualification etc. and will make an analysis on the details related to the enhancement of juvenile jurisprudence procedure focusing on the deletion of limited issuance of arrest warrant, consigned issuance of temporary warrant against law-intruding juveniles, add of the reason for retransfer to the criminal court, shortening of the time of execution of the general prisons, and will continue examination related to enhancement of protective disposition giving priority to the extension of the term of sending to juvenile reformatory, downward adjustment of the age for imposition of social service order, imposition of order to attend a lecture, addition of protective disposition for concurrent crimes, expansion of the range of pre-delinquents etc.