Human Rights Commission Opposes Lowering the Upper Age Limit for Criminal Minors and Juvenile Delinquents

"Strengthening Punishment Is Not the Only Solution"
"It Hinders the Development of a Healthy Society"

[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission has expressed opposition to the proposed amendments to the Criminal Act and Juvenile Act that lower the age of criminal minority and the upper age limit for juvenile offenders subject to protective measures to 13 years old.

On the 26th, the Human Rights Commission conveyed its opinion to the Speaker of the National Assembly and the Minister of Justice, stating, "This goes against the perspective of social reintegration and recovery of juveniles required by international human rights standards, and is not desirable as an effective alternative for preventing juvenile crime and recidivism." Under current law, juvenile offenders subject to protective measures refer to youths aged 10 to 14 who commit criminal acts. These criminal minors have been subject to protective dispositions such as community service or placement in juvenile training centers instead of criminal punishment.

Earlier, on the 24th, the Ministry of Justice virtually finalized a plan to lower the upper age limit for juvenile offenders subject to protective measures from the current "under 14 years old" to "under 13 years old." Similar legislative proposals have been consecutively submitted to the National Assembly. The Human Rights Commission stated, "There are concerns and opposing voices that strengthening punishment only for children who commit serious crimes is not the solution," and added, "It is necessary to analyze the problems at each stage of the child justice system and respond comprehensively to juvenile crime."

The Human Rights Commission also said, "It is difficult to evaluate lowering the age of criminal minority and the upper age limit for juvenile offenders subject to protective measures as an effective alternative that appropriately addresses the fundamental causes of juvenile crime," and warned, "It may expand the negative stigma effect on young juvenile offenders and hinder their growth as healthy members of society." Furthermore, the Commission stated, "Lowering the age of criminal minority and the upper age limit for juvenile offenders subject to protective measures contradicts international human rights standards, including the recommendations of the UN Committee on the Rights of the Child."