Human Rights Commission to Express Opposition to Lowering the Upper Age Limit for Juvenile Offenders

[Asia Economy Reporter Lee Jung-yoon] On the 26th, the National Human Rights Commission of Korea decided to express opposition to the Ministry of Justice's policy to lower the upper age limit for criminal responsibility for juvenile offenders, which is currently being promoted as an agenda item.

On this day, the Human Rights Commission held the 13th plenary committee meeting and passed a resolution to convey an opinion to the Speaker of the National Assembly and the Minister of Justice stating that "adjusting the age of criminal responsibility for juvenile offenders is not effective in preventing juvenile crime and is undesirable from the perspective of international human rights and the UN Convention on the Rights of the Child."

This expression of opinion was approved with 8 votes in favor and 2 against, out of 10 members attending, including the chairman, from a total of 11 members.

The Commission's Child and Youth Human Rights Division pointed out in the opinion letter that "lowering the upper age limit for criminal responsibility for juvenile offenders may rather increase the risk of children learning criminal tendencies or expanding negative social stigma and discrimination against juvenile offenders." Juvenile offenders refer to youths aged 10 to 14 who have committed criminal acts. As they are criminal minors, they receive protective measures such as community service or transfer to juvenile detention centers instead of criminal punishment.

Regarding claims that the emotional and physical growth rate of children has accelerated compared to the past, the Human Rights Commission stated, "There is no objective data to prove that children's mutual discrimination and behavioral control abilities have improved."

While it is somewhat true that violent crimes committed by children under 14 are increasing and becoming more brutal, the Commission argues that in order to prevent juvenile crime, correction and rehabilitation should precede harsh punishment, considering the ideals and purposes of the juvenile justice system.

Based on this, the Human Rights Commission decided to convey to the Speaker of the National Assembly and the Minister of Justice the opinion that the related partial amendments to the Criminal Act and Juvenile Act proposed in the National Assembly are ineffective. Additionally, it plans to recommend to the Minister of Justice that institutional measures such as expanding correctional and rehabilitation facilities, diversifying temporary measures and rehabilitation programs be promoted to prevent juvenile crime and recidivism.