Middle School Student 'Unconscious' After Being Hit by Kickboard Thrown by Elementary Student from 3rd Floor... Delinquent Juvenile Not Punishable

Lower-grade elementary student throws scooter inside academy building
Police: "Under 10 years old, juvenile under criminal age"

An elementary school student threw a kickboard from the third floor of a building in the Sejong City academy district, injuring two middle school students passing below.

According to the police on the 30th of last month, a kickboard fell from the third floor of a commercial building in front of a middle school in Sejong City, injuring two middle school students who were on their way home from school. One student was hit on the head and lost consciousness at the time of the incident. Although there was no life-threatening condition, the right side of the forehead was severely swollen. The student who was injured in the leg had a swollen foot and was unable to walk properly.

The building has tall glass walls on every exterior wall, and it is presumed that someone intentionally threw the kickboard. After analyzing the building’s CCTV, the police confirmed that the suspect was a lower-grade elementary school student.

Scooter thrown down from the 3rd floor
[Photo by KBS]

The police stated, “We will apply assault charges after investigating the motive for the crime,” but also added, “However, since the suspect is a criminal minor under the age of 10, it seems unlikely that this will lead to punishment.”

Similar incidents have occurred in the past. In 2015, in Yongin, Gyeonggi Province, a 9-year-old elementary school student threw bricks from the rooftop of an apartment with friends, resulting in the death of a woman in her 50s who was making a cat house, and a man in his 20s who was with her suffered serious injuries.

Last year, in an apartment in Wolgye-dong, Nowon-gu, Seoul, a man in his 70s died after being hit by a stone thrown by an 8-year-old boy. At the time, the bereaved family said in a media interview, “We don’t know who to blame. It’s so unfair and heartbreaking, and our father is pitiful.”

At that time, the police also said, “Unfortunately, the perpetrator was a criminal minor, so only an investigation was conducted,” and closed the case without filing charges.

Under the current criminal law, those aged 10 or older but under 14 are classified as "chokbeopsonyeon" (juvenile offenders not subject to criminal punishment). According to Article 4 of the Juvenile Act (Subjects of Protection and Referral and Notification), chokbeopsonyeon are subject to protective measures instead of criminal punishment.

Those under the age of 10 are classified as non-criminal offenders and are excluded from all criminal punishments, including protective measures. Since the enactment of the criminal law in 1953, the non-application of criminal punishment to those aged 9 and under has not changed for 62 years. Only the lower age limit for "protective measures" was once lowered from 12 to 10 years old.