「소년법」에서의 우범소년 규정에 관한 비판적 고찰

Abstract

Unlike other subjects of 「Juvenile Act」, the status offender under 4 (1) 3 of 「Juvenile Act」 can only be disposed the possibility of committing a crime. The regulations on status offenses are designed for the purpose of welfare intervention to emphasize the responsibility of the state and society for delinquency and to block delinquency early. However, due to the increase in violent juvenile crime, the notification system is being actively used and cases of abuse are being found. Contrary to the purpose of Juvenile Protection Ideology, regulations on the status offender are becoming an early entry into the juvenile justice system and adds to the social stigma associated with that system. Judgment regulations on the propensity and the reasons for fear of committing a crime are also unclear, so there is room for interpretation depending on the subjectivity of the judge. 「The Riyadh Guidelines」 and 「General Comments by the United Nations Commission on the Rights of the Child」 have expressed concerns about status delinquency. As a result of the National Report on the implementation of the UN Convention on the Rights of the Child, the Republic of Korea was also advised to “Repeal article 4 (1) 3 of Juvenile Act on ‘crime-prone juveniles’.” The rules of the status offender can be used as a means of dissolving the protection of their guardians in combination with the notification system. Because status offenders and general juvenile offenders are treated in the same procedures, the status offenders will be subject to the stigma experienced by general juvenile offenders. Therefore, regulations on status offenders in 「the Juvenile Act」 should be improved. Some argue that the government should change its notification system to one of voluntary regulation or make the requirements clearer. But, the status offenders are runaway or crisis youths and so their welfare must be addressed. This should be improved by resolving the gap caused by repealing the regulations on status offenders, preparing an implementation plan for the provisions of ‘out-of-school juveniles’ and ‘crisis juveniles’ under 「the Act on Support for Out-of-School Juveniles」 and “protective children” under 「the Child Welfare Act」.