Middle school student committing crimes until 'Chokbeopsonyeon' ends... Is lowering the age limit necessary?

Middle school student stole vans and drove without a license about 40 times
Continued crimes without remorse even after police caught him
Concerns over increasing intelligence and violence of juvenile offenders
"Strict punishment does not reduce juvenile crime," critics argue
Experts say "Korean social changes and youth development must be considered"

A controversy arose after a middle school student exploited the fact that he was a juvenile detective to steal money and valuables from vehicles about 40 times and drive without a license. The photo is unrelated to specific expressions in the article / Photo by Yonhap News

[Asia Economy Reporter Lim Juhyung] A middle school student case that abused the status of a juvenile offender to repeatedly commit crimes and was only caught after surpassing the age of criminal responsibility is expected to cause a stir. As concerns grow over the increasing sophistication and brutality of juvenile crimes, voices questioning the juvenile offender system are gradually increasing.

According to the Gwangju Seobu Police Station on the 18th, two middle school students, including A (14), are under investigation for charges including special theft. According to the police, on the 15th at around 4 a.m., they are suspected of stealing an unlocked van in an apartment complex in Geumho-dong, Seo-gu, Gwangju, and driving it without a license. During this incident, A is also accused of crashing into a parked vehicle in the apartment complex and fleeing the scene without taking any follow-up measures.

Police investigations revealed that they had previously stolen valuables from vehicles about 40 times and had a history of driving without a license. However, each time they were caught, they were released due to being classified as 'juvenile offenders,' and they continued similar crimes without remorse.

After turning 14 this year, A and others surpassed the age of criminal responsibility. The police plan to investigate the exact circumstances of the case.

A juvenile offender refers to a minor aged 10 or older but under 14 who commits a criminal act. Since they are considered criminally irresponsible minors, even if they commit crimes, they receive protective measures such as custody, community service, or placement in juvenile detention centers. Even the heaviest punishment, 'placement in a juvenile detention center for up to two years,' does not leave a criminal record.

The problem lies in the recent cases of 'intelligent' juvenile offenders abusing their special status.

According to an MBC report on February 22, a minor B (13) committed theft at an unmanned store earlier this month. CCTV footage shows B sneaking into the store during the deserted early morning, prying open the payment terminal with scissors from his pocket, and fleeing with cash.

Some voices express concerns that certain juvenile offenders might be abusing the Juvenile Act. / Photo by Yonhap News

Police investigations found that B committed about 20 thefts over approximately 11 days using this method. The value of the stolen goods approached 7 million won. The police had caught B twice, but at the time, B reportedly responded with insults and abusive language, saying, "I am under 14, so I am a juvenile offender. Can you punish me?"

Given this situation, concerns have arisen that some juvenile offenders are abusing the juvenile offender system. There are criticisms that the Juvenile Act, intended to guide youth, is instead preventing appropriate punishment.

According to data submitted by Kim Hoejae, a member of the Democratic Party of Korea, from the National Police Agency titled 'Juvenile offender referrals to juvenile court in the past five years,' 35,390 juvenile offenders were referred to juvenile court for violent crimes such as murder, robbery, rape/sexual assault, arson, and theft from 2017 to last year.

The number of juvenile offenders committing violent crimes has been increasing annually, rising from 6,286 in 2017 to 8,474 last year.

By age, 13-year-olds, who have one year left before aging out of juvenile offender status, accounted for the highest proportion. A total of 22,202 13-year-old juvenile offenders committed violent crimes, making up 62.7% of the total.

Regarding this, Representative Kim pointed out, "Recently, juvenile offenders' crimes have become cruel and brutal," and stated, "The age of criminal responsibility should be lowered, and for juvenile offenders who are difficult to rehabilitate with protective measures alone, exceptional criminal punishment should be considered."

However, there is ongoing debate about whether lowering the juvenile offender age actually leads to a reduction in juvenile crime. In particular, domestic and international human rights organizations warn that harsh treatment of juvenile crime may backfire and violate international child rights conventions.

According to the "Status Data on Juvenile Offenders Transferred to Juvenile Division in the Last 5 Years" from the National Police Agency, the number of juvenile offenders transferred to the juvenile division for violent crimes such as murder, robbery, rape and molestation, arson, and theft was 35,390. / Photo by Yonhap News

The Lawyers for a Democratic Society (Minbyun) issued a statement in 2018, saying, "Countries like the U.S., which punished juvenile violent offenders as adults, and Japan, which lowered the juvenile criminal responsibility age from 16 to 14, have not achieved a reduction in juvenile crime through expanded criminal punishment," emphasizing that "a strict punishment policy is neither effective nor appropriate for juvenile offenders."

The United Nations (UN) Convention on the Rights of the Child, signed by 196 countries worldwide, also recommends member states align the maximum age of criminal responsibility with around 14 years old. According to the 'Provisions on the Protection of Juvenile Offenders' unanimously adopted by the UN in 1989, arresting or detaining children should be a last resort, and juvenile offenders should not be housed with adult criminals.

Experts suggest that revisions to the Juvenile Act should consider the changed domestic social environment and the physical and mental conditions of modern youth.

Professor Oh Yoonseong of Soonchunhyang University’s Department of Police Administration explained, "The domestic standard for criminal minors was established in the 1950s, and since it was created 70 years ago, it cannot be said to fully reflect the rapidly changing social conditions in Korea today," adding, "We need to consider the developmental level of youth and whether crimes have become more brutal."

He continued, "If it is judged that the current Juvenile Act cannot guide juvenile offenders, adjusting the age of criminal responsibility could be considered."