국제인권법의 지평에서 본 우리 소년사법의 과제

Abstract

Many international standards, including the Convention on the Rights of the Child, specify that children should be guaranteed the right to freedom and participation in the juvenile justice process. The justification for special treatment of children is derived not from the fact that children's crimes should be treated simply generously, but from the unique characteristics and rights that children have. In other words, the protection of children assumed by international standards, such as the Convention on the Rights of the Child, means that the disposition should be made individually considering their personality and environmental characteristics while fair procedures are guaranteed. International standards also stress that children's human rights should not be unfairly violated in the process. Since Korea has joined the Convention on the Rights of the Child, it should comply with international standards on human rights in the operation of juvenile justice and in the legislation of relevant laws. From this point of view, it is necessary to unify juvenile protection procedures and criminal procedures, and to operate a permanent consultative body consisting of several agencies. It should also expand opportunities for children to be assisted by counsel and ensure that children and guardians have the right to participate in juvenile justice procedures. At the same time, child detention should be minimized and children should not be detained in the same facility with adults.