소년보호사건에 있어서 적법절차의 구현

Abstract

Five years have passed since the revision of the Juvenile Actof December 21, 2007 was implemented. In the meantime, a lotof discussion is going on about this and the results are expectedto affect the positive effect on working. Juvenile Act has thenature of the quantum of procedural and substantive law at thesame time. However, there has been neglected the latter by itsfocus on the former. It tells that most discussions have beenconducted mainly substantive so far. The reason for this seemsto be traditional Juvenile Act in accordance with the educationalideas and parens patriae. However, Juvenile Act as a substantive criminal law is to befaithful to the principle of the compensation and the criminalprocedure law as a procedure act is required to be suitable thegeneral principles. It tells the Juvenile Act should bestandardization and operation consistent with the constitution tofunction as a guiding principle of criminal procedure. On the other hand, protection procedure is also administrativenature for the welfare the nature by the unique idea of thejudicial process. Due to this procedure, which is stronglydominated by the idea of finality and for this structure oflitigation also tends to be flowing in authority form. However, the excessive pursuit of finality is ignored dueprocess and is likely to be violated legal stability. The same isalso an authority attitudes. The reason why due processprinciples of constitution is issued is here. A unique ideas of Juvenile Act has degenerated since themid-20th century because the increase in juvenile crime and thetendency to focus on principles of due process in the juvenilejustice process. Rather, the traditional ideas of the Juvenile Actis required modification by due process of the constitutionalprinciples. Today, parens patriae is no longer the foundation canbe freely juvenile delinquents by state. Protection procedure as aappeal procedures should be applied judicial proceedings. Thisunderstanding of the Juvenile Act are consistent with theconstitution and the so-called the theory of constitutionaljuvenilejustice. Juvenile must be still on the subject of protection by the state,but just should be carried out the due process. This is theargument of this article.