8호처분의 운영성과 분석

Abstract

When the Juvenile Law was revised in 2007, the several dispositions as new protective measures for juvenile were introduced. One of them was the 8th disposition that is to transfer juveniles in a month to juvenile training school. The purpose of this disposition is to prevent juveniles in the early stage of delinquency from committing recidivism through offering the open treatment based on character-building education. From June 2008, the 8th disposition was imposed on juveniles and Daedeok juvenile training school started to operate the special program "Didimdol Academy" for 8th disposition inmates. This study analyzed the past 2 year's operating result of the 8th disposition - the present status of the 8th disposition, the operating result of the academy, the recidivism rate and so on. It also suggested improving alternatives for the disposition's effectiveness. To do that, this study surveyed 1,922 juveniles who finished the academy from June 2008 to March 2010 and investigated 569 juveniles who were released from June 2008 to June 2010 to ascertain whether they actually did the recidivism or not. This study showed some meaningful results. The daily average number of 8th disposition's inmates in 2009 amounted to 89 which was an increase by 230% compared to 38 in 2008. And the number of 8th disposition's inmates formed 45.7% of total number of inmates in juvenile training school in 2009. According to the growth of the number of 8th disposition's inmates, the number of staffs expanded into 10 and facilities for the academy and accomodations were enlarged. And the 87% of 8th disposition inmates was satisfied in "Didimdol Academy" program, and the recidivism rate of 8th disposition inmates was 9.3% which was lower than 29.8%-the average recidivism rate of juvenile in past 5 years. This study suggested the following alternatives to improve the effectiveness of the disposition. First, the perception of the disposition should be reshaped to impose this disposition on proper juveniles who is in early stage of delinquency. Second, the legislation of the 8th disposition regulations should be made. And other dispositions and added orders should not be imposed on 8th disposition juveniles at the same time. Third, closer link with Probation and Parole Offices should be strengthened to prevent juveniles from committing recidivism. Fourth,a new juvenile training school for only 8th disposition inmates should be established. Finally, open treatments and diverse educational activities should be expanded In conclusion, this study proved that the 8th disposition is an effective measure for juveniles in early stage of delinquency. And it showed that there is quite a possibility of establishing an open juvenile training school based on character-building education