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Two major Acts on the substance and procedure of juvenile delinquent was passed during the plenary session of Korean National Assembly in November and promulgated in December 2007, and entered into force in June 2008. This paper introduces the two acts, i.e., “Juvenile Act” to deal with the type and dispositions of juvenile delinquent and “Act on Dispositions of Protected Juvenile, etc.” to regulate juvenile reformatory and Juvenile Classification Review Board, and makes some comments as well. The main outline of this paper is as follows:Chapter 1. IntroductionChapter 2. History of Korean Juvenile ActChapter 3. Main Issues of Revised Acts on Juvenile ProtectionChapter 4. ConclusionAppendix 1. Chinese Translation Table of Korean “Juvenile Act” 2. Chinese Translation Table of Korean “Act on Dispositions of Protected Juvenile, etc.”My evaluation on the recently revised Korean Juvenile Act can be summarized as follows: First, it is desirable to change difficult legal term into easy Korean one. Second, the range of age in juvenile protection cases was appropriately rearranged. The term “juveniles” was reduced to the person under the age of less than 19. It was extended to the juveniles who are 10 years of age or more but less than 14 years old who have committed acts in violation of Acts and subordinate statutes relating to criminal punishment. It was also expanded to the juveniles who are 10 years of age or more, fall under one of the following categories and in view of their character or environment, may be prone to commit acts in violation of Acts and subordinate statutes: (a) Juveniles who habitually move around in crowds and cause other persons a feeling of unrest; (b) Juveniles who run away from home without a justifiable reason; and (c) Juveniles who habitually make commotion under alcoholic influence or who habitually are in contact with harmful environment. Third, the introduction of public assistant system seems to be a good step for the real protection of due process and human rights of juveniles. Fourth, I think it makes institutional devices to find proper disposition for juvenile delinquent that a public prosecutor should review the pre-sentence report prepared by a classification review officer or a probation officer before making a final decision and that conditional suspension of indictment was codified. Fifth, it is prospective that the type of protective disposition is diversified and that the period of a certain disposition is somewhat adjusted. However, it is remaining task that the specific programs to realize restorative justice and other various rehabilitation programs for juvenile delinquent should be developed and specialized. Sixth, a more effective and systematic master plan needs to be prepared through the network of media, citizen, public service, industry, school and research institute, etc. based on the basic regulations for the prevention of juvenile delinquency.

목차

Ⅰ. 绪 论
 Ⅱ. 韩国少年法的沿革
 Ⅲ. 经修改的少年保护关系法的主要内容
 Ⅳ. 结 论
 参考文献
 abstract
 附录1. ≪少年法≫ 韩中對照翻译表

키워드

소년법 소년원 소년분류심사원 비행소년 소년보호 한국 한국법少年法 韩国法juvenile act juvenile reformatory juvenile classification review board juvenile delinquent juvenile protection Korea Korean law 少年院 少年分类审查院 不良少年 少年保护 韩国

저자

• 최병문 [ Byungmoon Choe | 大韩民国 尚志大学校 法学部 教授, 法学博士 ]

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