우범소년의 비행예방을 위한 소년법 개정 뱡향

Abstract

Recently, public interest of harsh punishment for serious violent juvenile criminal is getting high since elementary school child murder case in Incheon and middle school student violent case in Pusan. On the other side, critics insists that status offender provision in juvenile law should be eliminated. In this study, how to revise juvenile law is reviewed as follows. First, the term of ‘Status Offenders’ should be reviewed because judicial treatment for status offenders has to be limited in the perspective of juvenile welfare. Second, the purpose of status offense is to prevention delinquency by early intervention through protection and education. Thus, propriety of existing provisions should be examined as well as new form of behaviors constituting to status offense based on social-scientific, empirical research about delinquency factors. Third, regarding notification to courts, diverse path way to find out status offenders should be created based on speciality of the subject with authority. Youth Delinquency Prevention Center need to play a role of hub institution to solve the problem of imbalance of treatment. Fourth, various protective disposition for status offenders need to be examined because they do not commit a crime but having problem with behaviors. Importantly, secure detention for status offenders should be avoided at any circumstances.