범죄소년의 책임과 요(要)보호성의 관계

Abstract

The concept of ‘need for protection’ serves as a substantive requirement for determining the disposition of juvenile delinquents. It encompasses both the risk of recidivism (repeated delinquent acts) and the possibility of correction and rehabilitation. In protection cases involving juvenile offenders, judging the ‘need for protection’ formally confirms the necessity of a protective disposition. However, substantively, it also involves assessing the juvenile’s accountability and suitability for punishment. In this sense, ‘need for protection’ conceptually intersects with the notion of capacity for responsibility. A juvenile’s responsibility is understood in relation to their delinquent acts, and this can be interpreted as a form of responsibility for character formation. This perspective connects the justification for dispositions concerning juveniles with the principle of guardianship. Furthermore, ‘need for protection’ and responsibility are closely intertwined and interact significantly in deciding a juvenile’s disposition. Both protective dispositions and criminal dispositions for juveniles are grounded in responsibility. However, the choice between these dispositions becomes a matter of ‘need for protection’. The assessment of this ‘need for protection’ includes not only suitability for a protective disposition but also suitability for criminal punishment.