소년법상의 비행소년에 대한 임시조치-한국·미국·일본의 관호제도의 비교검토를 중심으로-

Abstract

When the police, etc. clear a juvenile offender who committedan offense with statutory penalty of fine or lighter punishment,they shall refer the case to a family court, and with that ofheavier punishment to a public prosecutor, excluding a casewhere the juvenile offender is cleared for violations of RoadTraffic Act and for which the pecuniary penalty is paid inaccordance with the traffic infraction notification system. Apublic prosecutor investigates the case and then refers it to afamily court if there is probable cause to suspect that an offencehas been committed or any other reason to subject the case to ahearing of a family court. With juvenile offenders under 14 and pre-delinquents youngerthan 14 years of age, measures provided by the Child WelfareAct have priority and a family court may subject them to ahearing only when a prefectural governor or the director of achild consultation center refers the juvenile to a family court. Police officers may investigate a case if necessary when theydiscover a juvenile and there exists, in reasonable view ofobjective circumstances, probable cause to suspect that he/she isa juvenile offender under 14. The police shall refer the case to the director of a child consultation center if they consider thatthe act of the juvenile involved specific types of serious offensesas a result of the investigation. The prefectural governor or thedirector of a child consultation center will refer the juvenile theyhave been notified of or received, etc. to a family court if theydeem it appropriate to subject the juvenile to a hearing in afamily court. When juvenile offenders under 14 violated laws orregulations involving specific types of serious offenses, however,the governor/director is required, in principle, to refer the case toa family court. 2 Procedure in a family court. (1) Investigation in a family courtA family court is required to investigate any case referred bypublic prosecutors, etc. It can order a family court research lawclerk to investigate it. (2) Classification in a juvenile classification homeA family court may refer a juvenile to a juvenile classificationhome and request a classification of their predisposition by aruling (protective detention) if it is needed for a hearing. In thiscase, the juvenile classification home accommodates the referredjuvenile and classifies his/her predisposition based on theexpertise it has in medicine, psychology, pedagogy, sociology,and other specialized fields in order to contribute to the hearing,etc. in a family court. As of April 1, 2014, there were 1 juvenileclassification homes nationwide. 　 In this study, South Korea and Japan, and were to becompared and discussed American protective detention.