Debate heats up over juvenile law
By Kim Se-jeong
The Juvenile Act, legislated in 1958 to help juvenile criminals re-enter society after imprisonment, has become a subject of heated debate again.
This time, it began with the cruel assault of a schoolgirl by a group of her peers in Busan on Sept. 1, footage of which went viral online. The mother of the victim who is being treated for wounds to her lips and scalp and for cigarette burns, insists on justice for her daughter and the abolition of the law.
On Cheong Wa Dae’s website, almost 200,000 people have signed a petition to scrap the law. Two girls could possibly be charged with attempted murder.
On Wednesday, the discussion reached the National Assembly.
Lawmakers of all parties decided to hold a special discussion on Friday.
Rep. Ha Tae-keung of one of the minor Bareun Party advocated that teenagers should face the same degree of punishment as adults do for serious crimes they commit. With a few lawmakers expressing concerns, many seemed to agree it’s time to change the law.
What makes the law controversial is a clause which states teenagers under 18 are exempt from the death penalty or life imprisonment. The longest sentence they can be ordered to serve is 15 years ― five years added if the crime is homicide, kidnapping, rape or human trafficking.
When criminals are between 10 and 13 years old, according to another clause, they are exempt from incarceration; instead they are sent to a juvenile detention center or come under foster parents or special guardians. When they are below 10, the law has zero options but to send them back to their parents.
Previously, there were other cases which triggered the same debate. In March this year, a 17-year-old girl in Incheon kidnapped an eight-year-old girl and killed her. The prosecution could not help but request 20 years in prison for her because of the juvenile law.
Statistics show the number of juvenile crimes is on the rise, especially among ex-convicts.
According to the Korean Institute of Criminology (KIC), in 2015, 15.2 percent of teen criminals had previous offenses, up from 6.1 percent in 2006.
Experts say this serves as a basis for those advocating for enhancing the extent of punishment for minors.
However, Lee Seung-hyun, a researcher from KIC, expressed her caution.
“Developed countries did what we are trying to do but I don’t see any study showing it decreased serious juvenile crime. What people should bear in mind is that crimes committed by teens are often accidental. Why so? Because they come from problems they have. They can suffer abuse and violence at home or neglectful parents. Imposing heavier sentences can reduce crime rates immediately, but it doesn’t solve the problem in the long run. When these children leave prison and return to society, we, as a society, may have bigger issues to deal with.”