아동복지시설 위탁처분(6호)의 문제점과 개선방안

Abstract

According to Juvenile Act article 32(1)6, the protective disposition No.6refers child whose delinquency is not deepened but guardian or family is not appropriate to fully protect the child, to a Child Welfare Institution regulated by Chile Welfare Act or other protective facilities. Although the protective disposition No. 6 is one of the institutional treatments, it is different from the other dispositions sending the juveniles to a reformatory governed by nation in that No. 6 is based on the private institution. Even though the need to revitalize No.6 is getting bigger resulting from increase of child crime, the rate of disposition of No. 6 is under 3%recently because of lacking facilities. The reason why the No. 6 has not been widely used is as follows. First, the facilities for the No. 6 are divided to two groups: child welfare institutions by Child Welfare Act and juvenile protective facilities by court's order. The division has made constant support of budget and personnel for the facilities impossible. Second, the facilities could not carry out its own purpose and the real function of the facilities has been changed to the accomodations for the poor youth because the recipient of the No.6 is child and there are so many poor children. Third, the institutions for the No.6 assigned to each community are significantly lacking and the personnels are not professional enough. Fourth, the educational programs are not appropriate for the individual recipients since almost all facilities accommodate both juvenile delinquent and normal juvenile. Therefore, the execution of the disposition could be different according to which facilities the recipients referred to. To solve these problems, the child welfare facilities by Child Welfare Act should be excluded. Also, specialized organizations for juvenile delinquent such as Department of Justice should appoint certain private facilities so that the facilities should be intensively managed and supervised. Moreover, there should be provisions for systemic support of juvenile delinquent on the Act on the Treatment of Protected Juvenile,etc. Also, the capacity of the facilities should be limited to 20 people and programs should be specialized according to age, sex, the type of delinquency, etc. Finally, whole juvenile system needs to be changed to shorten the required time for the process of the disposition considering 3∼6 months are usually required for the whole process.