고령범죄자에 관한 형사사법절차 개선의 쟁점

Salient Issues in Criminal Procedure Reform of the Elderly Criminal

In 2018 Korea’s population of those aged 65 or older reached a high of 14.3% of the total population and officially became an aging society. This increase in the elderly population has brought about an increase not only in the number of crimes committed by this sector but also in the types of crime committed. The transition to an aging society necessitates structural changes across society, culture, and the economy as a whole. In the criminal justice field, a paradigm shift has begun in response to the crimes of elderly people. Criminal justice proceedings against elderly offenders have not been adequately addressed as when compared with juvenile justice procedures. In light of the nature that characterizes elderly crime, it would be inappropriate to treat it in the same manner as crime committed by the typical offender, I.e., by those who do not fit into the category of the elderly. In the process of revamping the existing criminal procedure where the goal is to impose punishment commensurate with the crime, factors such as the offender’s physical and mental health, socio-economic level, need for guardianship or trust, prevention of recidivism must be given due consideration as well as the offender’s age at the end of the sentence. Henceforth a review of all areas including crime prevention, investigation, trial and enforcement is imperative for a more equitable and appropriate system. While it is true that elderly offenders may have diminished physical and mental capacities, many still possess social and economic resources that juvenile offenders lack. Therefore, it would not be fitting to uniformly exempt nor reduce culpability solely because of their age. There is a need; however, to establish protective measures for elderly criminals taking into account these special characteristics during the criminal investigation and trial proceedings. Increasing the provision of government appointed legal representation and expanding the use of video recording of the investigation and trial should also be carefully examined. Other issues that must be addressed are the type and extent of the provision of medical treatment, intermediate sanctions, and alternative community corrections. A new act which would comprehensively cover said issues and also establish an exclusive court dealing with this category of crime is imperative. Effective and appropriate action should be taken regarding the prevention of this type of crime and the ensuing treatment of the offender by a prompt revision of criminal procedure for a smoother transition to an aging society.