소년법상 소년형사사건의 특례에 관한 연구

Abstract

New Revised Juvenile Law seems to open the door to the development of initiatives generally associated with restorative justice in Korea. Juveniles should be the target of protection rather than punishment even if they commit a crime, because they are an immature being and are easy to be influenced by environment. Nevertheless, There are some challenges to be resolved in order to operate these new systems. First, In the investigation system before prosecutors' judgement, the objectivity of evaluation instruments should be maintained so that the investigation may be done objectively. Second, In the disposition of Juvenile Protection Cases, the criminal compensation should be introduced, the problem of the pre-trial detention should be resolved, and the transference program of a juvenile reformatory in the consignment period of one month should be developed. Third, The Training Programs should be developed in order to enhance expertise of the juvenile prosecutor, juvenile judge and juvenile investigator. Forth, The Provision which Death penalty or life sentence to a juvenile who was less than 18 years old of imprisonment, shall be reduced to 15 years should be changed, and besides there are several problems. In addition to that ; Investigating Rights, Irregularity Penalty, Reduction of Penalty, Default in a fine, Separate Execution of Imprisonment, Release on Parole, Prohibition of Disadvantage on Disqualification It is essential for sound fostering of juvenile to handle juvenile offenders with good intention. The juvenile justice system in Korea is a dual system consisted of the protection cases process and the criminal cases process, If it is desirable to process the juvenile cases more efficiently, to avoid the side effect such as labeling and to reduce the over-burden of juvenile justice, it is recommended to establish the concrete, explicit, and detailed criteria in law and to apply such criteria accurately, thoroughly and appropriately in practice.