소년범 제재의 분석과 검토

Abstract

In recent days, people raise their voices high to increase thepunishments on juvenile offence and/or violence at school. However, their assertion cannot be justified since a severepunishment policy for juvenile offences may lead to deprivinggrowing juveniles of their freedom and to a stigma placed onthem, which in turn shall very possibly bring about not criminalprevention but loss of their character. What is important is notto select from paternalism and severe punishment policy intreating juvenile offences but to implement appropriate preventionmethods in such a way as to advocate juveniles protectingideologies. Juveniles protecting ideologies are based on education andtraining, but it is doubtful that criminal sanctions to preventjuvenile crimes are implemented for educational purposes. Thecurrent Juvenile Act comprises 10 kinds of probations imposedon juveniles and more than 24 parallel punishments combiningthe probations. Yet, what is really necessary are not only variousprobational punishments but also such sanctions as canpractically remove environmental and personal dangers from themand equip juveniles with abilities to obey the rules, in addition to ex post facto confirmations. Moreover, where simply placingjuvenile offenders under the supervision of juvenile probationofficers is inappropriate for protecting juveniles, supplementarypunishments are imposed with no grounds or limitations definedof the punishments. For example, juvenile violent crimes areapplied really diversely with non-punishment, probationalpunishment, suspension of indictment, or non-prosecution, withoutany specific criteria. It calls for minimum criteria for treatingjuvenile offenders with criminal punishments in consideration ofthe severity and/or dangerousness of crimes. Punishments which can be imposed on juvenile offendersinclude capital punishment, free punishment, and fine, to someextent. The capital punishment is applicable to 18-year old orolder juveniles, but it shall not be imposed on any juvenileoffenders who are in their growing stage. Fines do not seemapplicable to juveniles, either, since they are usually not able tobear economic burdens. Also, the summary judgment does notseem fitting to juveniles since it does not go basically withjuveniles protecting ideologies although it may lead to a fine ofsmall amount. So, conclusively, from the perspective of juvenilesprotecting ideologies, the current Juvenile Act need be revised insuch a manner that juvenile offenders shall not be exposed tothe supervision or punishment under juvenile probation officers,capital punishment, fines, short-term free punishment, or penalservitude for an indeterminate term, unless definite and clearcriteria for such punishments are instituted.