소년범의 인권에 관한 고찰

Abstract

New Revised Juvenile Law(2007.12.) seems to open the door tothe development of initiatives generally associated withrestorative justice in Korea. Juveniles should be the target of protection rather thanpunishment even if they commit a crime, because they are animmature being and are easy to be influenced by environment. Nevertheless, There are some challenges to be resolved in orderto operate these new systems(for avoiding especially theencroachment upon personal rights). First, In the investigation system before prosecutors'judgement, the objectivity of evaluation instruments should bemaintained so that the investigation may be done objectively. Second, In the disposition of Juvenile Protection Cases, thecriminal compensation should be introduced, the problem of thepre-trial detention should be resolved, and the transferenceprogram of a juvenile reformatory in the consignment period ofone month should be developed. Third, The Training Programs should be developed in order toenhance expertise of the juvenile prosecutor, juvenile judge andjuvenile investigator. Forth, The Provision which Death penalty or life sentence to ajuvenile who was less than 18 years old, shall be reduced to 15 years should be changed, and besides there are severalproblems(for the Safeguarding(Defending) The Human Rights). Last, that is just the Protection of Juvenile Rights which isinternational agreements, including UNCRC(United NationsConvention on the Rights of the Child) and UNPJP(UNGuidelines for the Prevention Juvenile Delinquency). It is essential for sound fostering of juvenile to handle juvenileoffenders with good intention. The juvenile justice system inKorea is a dual system consisted of the protection cases processand the criminal cases process. If it is desirable to process thejuvenile cases more efficiently, to avoid the side effect such aslabeling and to reduce the over-burden of juvenile justice, it isrecommended to establish the concrete, explict, and detailedcriteria in law and to apply such criteria accurately, thoroughlyand appropriately in practice.