No Criminal Punishment for Under 14
Public Outrage Over Violent Crimes
12- and 13-Year-Old Age Reduction Bills Pending in National Assembly
Experts Call for Lowering Age
Crimes committed by juveniles aged 10 to under 14, who are exempt from criminal punishment, have more than doubled over the past five years. Some delinquent youths, aware that they fall under the category of chokbeopsonyeon (juveniles exempt from criminal punishment), exploit this loophole, strengthening calls to lower the age of criminal responsibility for juvenile offenders.
◆ Around 70,000 juvenile offenders, over 2,000 violent crimes = Juvenile offenders are classified into beombeopsonyeon (juveniles under criminal law), chokbeopsonyeon (juveniles exempt from criminal punishment), and beomjoe sonyeon (criminal juveniles). Beombeopsonyeon are under 10 years old and cannot be legally punished in any way. Chokbeopsonyeon are aged 10 to under 14 and cannot be held criminally responsible, but family courts can impose protective measures such as sending them to juvenile training schools or placing them under probation. Beomjoe sonyeon are aged 14 to under 19, for whom protective measures are prioritized, but criminal punishment cannot be avoided if they commit serious crimes.
According to the ‘Status of Chokbeopsonyeon and Beomjoe Sonyeon by Crime Type over the Past Five Years’ submitted by the National Police Agency to Rep. Jo Eun-hee of the People Power Party on the 3rd, there were 16,435 chokbeopsonyeon nationwide last year. The charges included theft (7,874), violence (4,075), others (3,855), rape and molestation (557), arson (58), robbery (15), and murder (1). By year, the number of chokbeopsonyeon rapidly increased from 7,364 in 2018, 8,615 in 2019, 9,606 in 2020, to 11,677 in 2021. The number of beomjoe sonyeon aged 14 to under 19 remained in the mid-60,000s since 2018, dropped to 54,000 in 2021, and rose again to 61,000 last year. Combined, the number of beomjoe sonyeon and chokbeopsonyeon exceeded 70,000 last year.
According to data submitted by Rep. Jo, the number of youths committing school violence remained in the low to mid-10,000s annually during the same period. By year, the figures were 13,367 in 2018, 13,584 in 2019, 11,331 in 2020, 11,968 in 2021, and 14,436 in 2022. Last year, among youths who committed school violence, assault and injury were the most common offenses with 7,413 cases, followed by sexual violence with 3,631 cases, and extortion with 1,085 cases. Other offenses such as threats, insults, and defamation totaled 2,307. By school level, out-of-school youths numbered 5,124, middle school students 4,478, high school students 3,435, and elementary school students 1,399. By region, Gyeonggi Southern Province had 2,848 cases, Seoul 2,014, Gyeonggi Northern Province 1,150, Busan 1,087, Gyeongnam 916, and Incheon 871.
◆ Government proposes lowering age to 13... Supreme Court opposes = As crimes by chokbeopsonyeon surge, eight bills have been submitted to the National Assembly to lower the age of criminal responsibility from the current 14 to 12 or 13 years old. The government proposed lowering the age of criminal responsibility from 14 to 13, considering the physical and mental development of youths. Rep. Kim Hoe-jae of the Democratic Party proposed a bill to set the age at 13 and to punish juvenile offenders sent to juvenile training schools three or more times under the same standards as adults. Rep. Heo Eun-ah of the People Power Party proposed adjusting the age of criminal minors to under 12 and punishing those aged 10 or older who commit violent crimes.
However, the Supreme Court’s Judicial Administration Office submitted an opposing opinion to the National Assembly, stating that simply lowering the age of chokbeopsonyeon would not fundamentally solve the problem and would conflict with the recommendations of the UN Committee on the Rights of the Child.
Experts largely agree that lowering the age of criminal responsibility is necessary to keep pace with changing times. Professor Lim Joon-tae of Dongguk University’s Department of Police Administration said, “Considering that Korean youths’ mental and physical abilities are much more mature than before, it is necessary to lower the age of criminal minors to 12 years old.” He added, “Delinquent youths in the chokbeopsonyeon age group exploit the fact that they are not subject to criminal punishment to commit crimes, so minor offenses should be handled with guidance measures, but habitual or serious crimes should be punished severely.” Professor Oh Yoon-sung of Soonchunhyang University’s Department of Police Administration pointed out, “Looking at crime statistics so far, juvenile crime has not been resolved or reduced through rehabilitation.”
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