[Limelight] Hate Against Juvenile Offenders, It's Different Now... We Need to Face Reality

Drama 'Juvenile Justice' Judge Shim Eun-seok Role Actress Kim Hye-soo
Perpetrator Hatred, Everyone's Concern... Anger and Sadness Over Horrific Crimes
"Narrow Thinking That Recognizes Others' Lives... Are All Faults the Juveniles' Burden?"
Hoping to Be an Opportunity to Seek New Directions "Sorry as an Adult~"

The Netflix drama Youth Judgment begins with an interview of Judge Sim Eun-seok. When asked by a reporter, "Why did you choose to become a juvenile court judge?" he answers:

"There is only one reason. Hatred. I hate juvenile offenders." The drama’s conclusion ties back to the same answer, with a slight difference. When the Supreme Court disciplinary committee questions his attitude and thoughts as a judge, he says, "Unlike before, I now hate juvenile offenders."

Actress Kim Hye-soo, who plays Judge Sim, shows the process leading up to the phrase "unlike before" over about 10 hours. The essence is the change in attitude toward juveniles. Judge Sim delivers cold, professional rulings but occasionally loses neutrality, consumed by hatred. A representative scene is the argument with Chief Judge Na Geun-hee (played by Lee Jung-eun) over past rulings. The face explaining the reason for the vicious cycle reveals the grief and anger of a parent of a juvenile crime victim.

"It was only three minutes. The time it took from the person killing someone to coming to trial and receiving a ruling. What do you think the kids learned? 'The law doesn’t protect all victims,' 'Ah, the law is really simple. The trial ends in just three minutes.'... You say juvenile cases are a race against time? That’s why the kids are like that. Why do you decide cases based on speed? Who takes responsibility for the kids and victims lost because they couldn’t keep up with that speed? Why don’t you have a sense of duty, Chief Judge?"

Kim Hye-soo said, "It’s a scene that reveals personal wounds and pain while expressing the convictions of a legal professional," adding, "It gives all of us who hate juvenile offenders something to think about."

"Personally, I thought I was very interested in juvenile crime, but after playing Judge Sim, I realized I wasn’t. I only expressed anger or pity toward horrific crimes. My thinking about other people’s lives was narrow."

The goal of juvenile trials is protective disposition aimed at rehabilitating juveniles with potential for future improvement. It requires thorough investigation not only of the delinquent acts but also from other perspectives. The subjects are mostly young boys who should be growing up under warm parental care. They wander the streets neglected and ignored by adults, step into the world of delinquency, and are entrusted to juvenile court. They are also youth of the Republic of Korea and children who deserve protection. However, they are often treated like invisible people because they have no political utility. Without any help, they often fall into the abyss of reoffending. Since the system itself has not improved, criticism is directed only at the Juvenile Act, which emphasizes protective disposition. Most argue that juveniles should be punished like adults with penalties so they can sober up and feel fear.

There are two blind spots here. First, protective disposition for juveniles is not lighter than criminal punishment. Protective disposition is not limited to education and community service. Juveniles can be placed in facilities or sent to juvenile detention centers for 6 months to 2 years, losing their freedom. This can be heavier and more burdensome than criminal punishments like fines or probation. Receiving criminal punishment does not necessarily mean going to prison. If theft or assault, commonly committed by juveniles, is judged by adult crime standards, most receive probation or suspended sentences and are released. Judge Sim Jae-kwang of Seoul Family Court wrote in his book Trials for Juveniles:

"Adults understand the meaning of probation and thus feel its severity, but juveniles often rejoice simply because they get to return to society even if they make mistakes."

Second, juveniles can also receive criminal punishment. Article 9 of the current Criminal Act states, "No punishment shall be imposed on those under 14 years of age." Juveniles aged 14 or older may face criminal trials at the prosecutor’s discretion or juvenile trials. The minor accomplice in the Incheon elementary school murder case, which inspired Youth Judgment, was tried criminally alongside an adult accomplice.

Judge Sim, as a parent of a juvenile crime victim, represents public hatred but also reminds us of these blind spots and seeks meaningful rulings. He coldly observes the total reality of juvenile crime and engraves it as an unavoidable task. Kim Hye-soo communicated with active judges to add realism to character portrayal and atmosphere. She said, "They all worried that juvenile crime is maliciously perceived and distorted because of 1% of violent cases," and added, "I hoped this work would lead to broader interest in juvenile crime as a whole."

"I also observed juvenile trials and witnessed many tears, which made me think a lot. 'Is all the fault on the juveniles?' 'Are adults free from responsibility?' I do not intend to defend juvenile offenders. But shouldn’t we look back at the reality that forces them into crime?"

Kim Hye-soo once portrayed a girl who stepped into the world of delinquency at sixteen. Yoori in the film My Daughter Rescued from the Mire 2 (1986). She strayed due to family discord caused by her father’s immoral behavior. Her subsequent rebellion appeared as a reckless denial of reality. The film only highlights her as someone who should be protected by parents and fails to approach the essence of juvenile crime. It delivers a helpless lesson that immature juveniles need adult attention and help until they can live on their own strength.

Kim Hye-soo said, "The attitude toward delinquency in that work was very different in tone from now," and added, "I hope that the matured perspective over time will lead to exploring new directions for juvenile crime." She continued, "I hope you remember what Chief Judge Na Geun-hee says in the final trial. It could be a confession from all of us: ‘I am sorry. As an adult.’"