독일의 소년범죄 대응 현황 및 그 시사점

Abstract

We have been contemplating the appropriate response to juvenile crime for a long time. Despite various attempts, we are still struggling to adequately address juvenile crimes and fostering the healthy growth of juveniles remains challenging. To achieve this, it is important to enhance the effectiveness of education when protective measures against juvenile delinquency. The Ministry of Justice has announced plans to strengthen education in detention centers and to establish juvenile delinquency prevention centers in the private sector, focusing on educational principles to properly educate morally and mentally immature juveniles. To successfully implement this plan, this paper analyzes Germany's juvenile justice system and draw insights from it. In Germany, when disciplining juvenile offenders, care is taken to ensure that the principles of subsidiarity and proportionality are observed. Informal measures, such as diversion and offender-victim mediation, are prioritized, followed by community-based measures, and then measures in facilities. Among the community-based measures, supportive disciplines are prioritized over repressive sanctions. By structuring sanctions in this way, the most appropriate and least burdensome measures are imposed on the juvenile offender. In Germany, the “Jugendamt” is comprehensively responsible for child and juvenile welfare from a socio-educational perspective. It forms a tripartite relationship with parents and private welfare organizations to support appropriate childcare and actively assists children and juveniles at risk. Employees of the “Jugendamt” function as juvenile justice officers under the Juvenile Court Act. They do not merely investigate and supervise juvenile offenders but also support and guide juveniles throughout the entire judicial process, providing educational assistance. Establishing a comprehensive child and juvenile welfare organization like the “Jugendamt” would help promote their welfare consistently and systematically while also maintaining and enhancing the professionalism of the relevant tasks.