By Lee Kyung-min
The incident of the “cat lady,” a woman killed by a falling brick that a boy, 9, dropped from an apartment building roof on Oct. 8, has raised a question about criminal law, which stipulates that those under 14 years of age are immune from criminal charges.
Critics say the law should not be too lenient toward these children, who many believe are fully aware of the consequences of their actions, and thus should be held accountable.
The boy turned out to be the key suspect in the “cat lady” incident, in which a woman making a shelter for stray cats was killed after being hit by a brick while the boy and two schoolmates were doing a gravity test in Yongin, Gyeonggi Province.
However, under the law, the boy, whose identity is being withheld, will not face punishment, nor will he have a criminal record, because police cannot book him.
However, his parents might be held liable if the victim’s family files a civil suit seeking compensation.
Although suspects in that particular age group can still stand trial, the purpose is not to convict and punish them, but to teach them to reflect on their behavior and prevent them from committing such crimes again.
Such conditions have never undergone any amendment since 1953, when criminal law was established here.
However, critics claim such outdated laws fail to prevent young suspects from facing punishment, thereby possibly condoning wrongful behavior.
According to a Ministry of Justice study, crimes involving that age group increased to 43,000 in 2013, an almost two-fold increase from 22,800 in 2004.
A lawyer claimed teenagers nowadays have more violent tendencies as they are exposed to more violence on the Internet.
“Children are physically strong enough to carry out their violent tendencies compared to those of the same age group two or three decades ago,” he said.
“Not pointing out such behavior might provide grounds for doing more of it without any reflective thought by the children.”
However, those opposed to the idea said that a society making more criminals by convicting them would only stigmatize them, thereby preventing them from redeeming themselves.
“These young children are still developing their minds and learning how to fit into the world,” a Family Court judge said.
“Labeling them as criminals would do more harm than good. They should be given a chance by constant teaching.”
Also, the lapse in safety measures on the part of the apartment complex authorities who failed to lock the entrance to the rooftop also came under criticism.
Under the law, the entrance should be open at all times to help with evacuation in case of fire or other emergencies.
However, some claim that the entrance to the rooftops should be locked at all the time, because many crimes happen there, including sexual assaults and fire pranks.