일본의 형사 미성년자제도에관한 연구

Abstract

Recent crimes by criminal minors of teenage under 14 years old is becoming more seriously violent and the violence crimes by them are spotlighted in societies. According to Korean National Police Agency's "Analysis of teenagers crimes of the first half of 2018 and its counter measures of the last half of the year (July 18, 2018), crime rates between age 10 to 13 which fall into the category of Juvenile who are against the criminal had been increased by 7.9% compared to that of the same period in 2017 (from 3,167 to 3,416), especially the crime rates of teenagers of 13 years old was identified to be the highest by 14.7%. Also, there is a limit in punishing the violence and its related crimes by children and teenagers with the Criminal law Article 9 and Juvenile law Article 4. Therefore, it will be necessary to discuss about lowering the punishment age under 13 years old and strengthening the preventive education on crime targeted to young offender to solve those problems. Based these assumption, this paper focused on Japan's Criminal Minor law system. This paper are consisted of 4 Chapters; Chapter I introduction, Chapter II theory review part on the concept of criminal minor in criminal law, Chapter III review on other foreign countries'(Japan and Germany) criminal minor law system and its operation, Chapter IV on Japan's criminal minor law system and criminal responsibility evaluation, treatment of delinquent teenagers and their criminal responsibility, protective feature and punishment adaptability, relationship between criminal responsibility and special regulation of the juvenile law, and Chapter V Conclusion. After reviewing Japan's criminal minor law system, it was found that they are applying the system in wider point of view of protecting the teenagers and considering special proactive perspective rather than revising the law to lower the age of criminal responsibility based on Schutzprinzip of juvenile law, and improvement in the inappropriate punishment of teenagers, with non punishment educational treatment on them. Therefore, it will be more effective to embrace the criminal minors by preparing them with socio political correction systems such as reinforcing crime preventive education and so on rather than lowering the age from 14 to 13 of the criminal minors as a political suggestion. This kind of study will contribute to the improvement of our legal systems as well as crime prevention programs related to the children and teenagers.