"The Perpetrator as a Juvenile Exempt from Punishment... Whose Law Is This For?"
"Abolish the Juvenile Exemption Law"
[Asia Economy Reporter Heo Midam] A petition demanding severe punishment has sparked controversy after claiming that a middle school daughter was sexually assaulted in a similar manner by a male peer. The victim's mother pointed out that the perpetrators are 'Chokbeopsonyeon' (juvenile offenders under the age of criminal responsibility) and expressed outrage over the lenient punishments. Chokbeopsonyeon refers to juvenile offenders aged 10 years or older but under 14 years, who are not held criminally responsible and therefore do not face criminal penalties despite committing illegal acts.
Recently, a petition titled "I am the mother of the victim of the Chokbeopsonyeon sexual assault reported in the news" was posted on the Blue House National Petition Board. As of 3:30 PM on the 30th, the petition had received over 4,660 endorsements.
The petitioner, who identified herself as the mother of the victim in the "Incheon middle school sexual assault" case, opened by saying, "I gave an interview because I wanted to do anything for my daughter who is suffering mentally and physically, but due to broadcast regulations, I could not disclose detailed circumstances, so I am posting this petition to request severe punishment for the perpetrators."
She stated, "This case is not 'sexual harassment' but 'quasi-rape,'" and expressed outrage, saying, "(My daughter) was quasi-raped on the rooftop passage stairs of the apartment where the perpetrator lives, and her clothes and underwear were completely removed. She was also threatened with filming and distribution."
She continued, "The threats at the time were so dreadful that I cannot even put them into words," and lamented, "It was truly shocking how children could say and do such things."
She also said, "My daughter, trembling with fear that the video might be distributed and she would be unable to attend school, and feeling scared and sorry about being found out by her parents, must have suffered so much alone," and added, "I am also very angry at myself for not understanding my child's situation."
She recalled, "When I first spoke with the perpetrator's mother, I comforted her, saying as a fellow parent, how shocked both the victim's and perpetrator's parents must have been. It was a foolish act," and continued, "I waited three days for an apology but did not receive a single call. When I contacted her first, she boldly said there was no need to meet. When I requested a school violence committee and said I would report to the media, she finally apologized."
The petitioner said, "Most charges were acknowledged during the police investigation. However, the perpetrator is a Chokbeopsonyeon. Because of this, the punishment is very weak," and added, "The perpetrator was under 14 years old at the time of the report but is now over 14. It makes me very angry that only a difference of one or two months in age results in Chokbeopsonyeon treatment."
Furthermore, she questioned, "Is it right for Chokbeopsonyeon to be protected under the law? Juvenile crimes are increasing. Rather, minors are increasingly abusing this law," and emphasized, "I request the abolition or strengthening of the law regarding Chokbeopsonyeon so that appropriate punishment can be given depending on the specific crime and its nature. I hope such a terrible incident never happens again."
In conclusion, she said, "If they receive lenient punishment, children who do not understand the fear of the law may become more cruel and vicious," and asked, "Who is this Chokbeopsonyeon law for? Perpetrators must understand the fear of the law so that they never commit such acts again."
Meanwhile, the Incheon Police Agency's Women and Youth Investigation Unit announced that last month, middle school student A was sent to the Juvenile Division of the Incheon Family Court on charges of violating the Child and Youth Sexual Protection Act.
A is accused of sexually assaulting middle school student B, whom he met through an online game, multiple times in a basement shopping area in Bupyeong-gu, Incheon, in May, and filming the incidents on his mobile phone.
A is under 14 years old and is therefore a criminal minor under current law, so he cannot be held criminally responsible. However, if the charges are acknowledged, he falls under the category of Chokbeopsonyeon (aged 10 or older) under the Juvenile Act and may be subject to protective measures such as community service orders or transfer to a juvenile detention center.
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