검사선의주의의 개선방안

Abstract

The New Revised Juvenile Act(2008.6.22) introduces several important provision for juvenile offenders. They are the Protective Disposition(1 month, short time and long time in Juvenile Training School), Recommendation toward Reconciliation, the Investigation System before prosecutors judgement, The Training Programs etc. Juveniles should be the target of protection rather than punishment even if they commit a crime, because they are an immature being and are easy to be influenced by environment. New Revised Juvenile Law was revised in Korea and created provisions to strengthen human rights for juvenile. Prosecuter Prior Decision System, The Protective Disposition, Juvenile Probation and Parole has been carried out, based on lots of laws and regulations. The recent amendment of Juvenile law will cause a lot of changes for the Prosecuter Prior Decision System, The Protective Disposition, Juvenile Probation and Parole since they are mainly based on Juvenile law. There are nevertheless some challenges to be resolved inorder to operate these new systems. One of them is that which, the Prosecuter Prior Decision System to decide beforehand the judgement by the Juvenile Court, objectivity should be maintained so that the juvenile protection may place delinquent juveniles under the protection. The reformed Juvenile Act in 2007 has induced the Prosecuter re-determination Investigation System as complementary measures so that the Prosecuter Prior Decision System gives protection to the delinquent juveniles. Prosecuter can demand an Investigation on a suspected juvenile to the special investigaton organization before determination in juvenile justice by this system. This study suggest measures to improve the effectiveness of the newly established system, to promote the Prosecuter Prior Decision System, and increase utilization of juvenile justice procedure. Prosecuter Prior Decision System rater than the right to prior consideration by the Judge in the criminal court is to prevent juveniles in the early stage of delinquency from committing recidivism through offering the open treatment based on character-building education. At the sametime, to solve these problems, specialized organizations for juvenile delinquent such as Department of Justice should arrange certain private facilities so that juvenile reformatory(school) and other facilities should be intensively managed and supervised(because, no rule and standard is made to deal with young people.