Regarding a plan to lower the upper age for juvenile protection status (age of criminal responsibility) from the current 14 to 13, National Human Rights Commission (NHRC) Chairperson Ahn Chang-ho said it "requires great caution."
On the 31st, the Chairperson said in a statement, "Children are not merely subjects of punishment but persons with the right to be protected and to grow," and stated accordingly.
The Chairperson argued that it is necessary first to examine whether the main grounds for lowering the upper age for juvenile protection status—such as increases in juvenile crime, younger offenders, and greater brutality—accord with the facts. The reason, the Chairperson said, is that crimes by younger juveniles aged 10 to 13 have shown a long-term trend of decline or stagnation, and the largest share of juvenile offenses still falls into minor categories.
The Chairperson also emphasized that the crime prevention effect of lowering the upper age for juvenile protection status has not been sufficiently proven. The Chairperson said, "On the contrary, many studies have pointed out that bringing criminal minors into the criminal justice system early can lead to higher risks of reoffending due to labeling, social exclusion, and the loss of opportunities for protection and education."
In particular, the Chairperson viewed the perception that juveniles under protection are "hiding behind a legal shield without any sanctions" as largely stemming from misunderstandings about the current system. The Chairperson said, "For those aged 10 and older, juvenile protection dispositions that strictly restrict liberty and movement—such as probation, placement in custodial facilities, and commitment to a short-term juvenile reformatory—can be applied, and for those aged 12 and older, commitment to a long-term juvenile reformatory for up to two years is also possible, which in substance is no different from punishment; this should not be overlooked."
The Chairperson said, "I am concerned that the discussion on lowering the upper age for juvenile protection status may be pushing aside the fundamental questions that we should be focusing on," adding, "The key to preventing juvenile crime lies in building a dense support system for care, education and welfare, mental health support, and early intervention and tailored assistance for families in crisis."
The Chairperson continued, "The public debate on lowering the upper age for juvenile protection status should start not from 'we must severely punish juvenile crime,' but from asking whether our society's education, care, and welfare systems are functioning properly," and added, "I hope we move in the direction of fundamentally improving the environment surrounding juvenile justice."