형사책임연령 하향조정 인식에 따른 실질적 개선에 관한 연구

Abstract

Recently the cruelty of juvenile crime was reported on the broadcast. In this regard, the issue of increased criminal sanctions against juvenile offenders has emerged. In addition, the downward revision of the criminal liability age is under discussion. Article 9 of the Criminal Code stipulates that the age of criminal minors is less than 14 years old as "does not punish the acts of those who are not 14 years old." In this regard, the current system treats juvenile protection as an alternative to criminal punishment. In other words, the age of tactile boys has been revised downward from 12 to 10 years old. The preferred direction is that an amendment to Article 9 of the Penal Code must be made. Based on this, the view suggests that the age of criminal punishment should be lowered for violent crimes committed by minors. Article 1 of the Juvenile Act takes necessary measures, such as protection measures for environmental adjustment and behavior correction of boys with antisocial characteristics. It also aims to help the boy grow up healthy by taking special measures regarding criminal penalties. As a result, all boys include criminal boys as targets for healthy development. On the other hand, the policy to punish criminal juveniles is a case that acts as a means for healthy development and punishment itself cannot be the purpose. “Boy” under the Juvenile Law means a person under the age of 19 and this applies to all persons under the age of 19 (Article 2 of the Juvenile Law). Recently the violent crimes committed by criminal minors have caused social disruption. Furthermore, it is causing serious social problems. In the future, it will be necessary to strengthen the responsibility of parents for criminal minor crimes. In particular, the liability for civil damages should be strictly borne. Therefore, For those under 14 years of age, we will lower them to under 13 years of age to ensure that they meet the age standards of advanced countries. In France, the criminal responsibility age is set at 12 years. In the UK and Australia, age 9 is prescribed. This is the part that supports a rational basis. Centering on this, I will try to contribute to substantial improvement by reducing the criminal responsibility age.