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초록

영어

One of main features of Korean criminal judicature system with respect to juvenile delinquency is that the rate of prosecution is not only lower than in adult crime but also that of non-prosecution such as suspension of indictment is respectively high. But Juvenile delinquency is increasing quantitative. Specially, there is a growing recommitted crime rate for juvenile offenders.
But the principle of juvenile protection is emphasized in the juvenile justice system because they are mentally immature. There are several international rules for the protection of juvenile delinquents as follows ; United Nations Convention of the Rights of the Child, 1989 : CRC United Nations Standard Minimum Rules for the Administration of Juvenile Justice(Beijing Rules, 1985), United Nations Guidelines for the Prevention of Juvenile Delinquency(Riyadh Guidelines, 1990), United Nations Rules for the Protection of Juveniles Deprived of their Liberty(Havana Rules, 1990) etc. But, in recent, some peoples advocate also the balanced and restorative justice in juvenile justice procedure. They say this system provides a framework for systemic reform and offers hope for preserving and revitalizing the juvenile justice system.
Meanwhile, the Juvenile Act has several special provisions as to juvenile justice procedure. So, in this paper, I will excercise as to the principle of juvenile justice and current treatment of juvenile delinquents through a critical review and suggest several improvement measures for the efficient juvenile justice. Expecially, I will adduce the expansion of police discretion and police diversion in the juvenile justice system. Because the police are the authority which faces the juvenile delinquents for the first time in the juvenile justice procedure against them, the juvenile delinquents can be release in its early stages of the justice procedure against them through police release with a warning and guidance. And I will emphasize the importance of programme for juvenile delinquents and the improvement of their environment.

목차

I. 머리말
 II. 소년사법의 원칙
  1. 소년사법의 지도원칙
  2. 소년의 보호원칙
 III. 소년범의 현황과 처리실태 분석
  1. 소년범죄의 현황
  2. 수사기관에서의 처분현황
  3. 소년분류심사원
  4. 법원에서의 처리실태
 IV. 결어
 [참고문헌]
 

키워드

소년사법 소년범 소년법 소년범의 처리절차 소년보호원칙 juvenile justice juvenile delinquent Juvenile Act juvenile protect diversion treatment of juvenile delinquent

저자

• 강동욱 [ Kang, Dong Wook | 동국대학교 법과대학 교수, 법학박사 ]

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