On Tuesday, the Ministry of Justice announced a set of measures to cope with juvenile crimes. The policy package calls for, among other things, the lowering of the age of criminal responsibility from 14 to 13. Currently, minors under 14 cannot be convicted of a crime in Korea. Even if these juveniles commit offenses, they are referred to community service programs or youth correctional institutions. The rule focuses on enlightenment rather than criminal punishment.
The lowered criminal age limit seems to reflect the rapid growth and increasing seriousness of juvenile offenses. According to the ministry, young offenders' crimes increased from 7,897 in 2017 to 12,502 last year. Facing increasingly brutal criminal methods, law enforcement authorities might have thought it was inevitable to change the age limit. The toughened rule intends to strengthen deterrence, but there is some controversy regarding lowering the age of juvenile criminality.
Differences in views remain on whether measures to strengthen the response to juvenile crimes can produce the crime prevention effects that are desired. The National Human Rights Commission has persistently opposed lowering the criminal age limit, saying, "Age adjustment is not effective in preventing juvenile delinquency and is undesirable in terms of international human rights and the U.N. Convention on the Rights of the Child." The commission believes correction and education should come ahead of harsher punishment to prevent crime.
Some experts call for selectively applying criminal punishment and protective disposition depending on the nature of the crime. There are also voices from academia, which say that policy responses should differ based on the severity and causes of the criminal acts. Others express concerns that expanding criminal punishment will only mass-produce underage ex-convicts. Law enforcement authorities should listen to these opinions carefully.
Of course, it may not be easy to give up on the notion that tougher measures can deter crimes. However, the government should explore every avenue to improve the edification system so as to prevent juvenile crimes and their recurrence. It also must work hard to devise more fundamental alternatives by carefully examining the type and nature of crimes and the surrounding environment.