韩国对少年犯罪的刑事司法政策研究

The criminal judicial policy study of juvenile delinquency in South Korea

The juvenile law of South Korea mainly governs two categories of juvenile cases, including juvenile protection cases and juvenile criminal cases. The juvenile law respectively makes specific provisions about juvenile protection cases and criminal cases in the second chapter and the third chapter. South Korea takes the pattern of duality about juvenile crime. That is to distinguish juvenile protection cases and juvenile criminal cases. Juvenile protection would be taken in juvenile protection cases, while it is criminal procedure in a criminal case. The juvenile law of South Korea was made in 1958, which experienced four time amendment in 1963, 1977, 1988 and 2007. It introduced the reparative justice solution and set up the guidance, supervision and assistance to protect in the process of the juvenile law revised in 2007, which makes every effort to achieve re-socialization of juvenile crime. However, it is mainly through the criminal law and criminal procedural law to regulate the juvenile delinquent in China. Although the criminal procedure law strives to achieve the re-socialization of minor criminal suspects after revised, its effect is limited. Non-prosecution of additional conditions system and community correction system stipulated in the criminal law and criminal procedural law are too soft. Therefore, this article will seek some suggestions through the comparison in criminal justice policy of juvenile delinquency from South Korea.