Is the Current Age for Law-Breaching Juveniles Still Appropriate? Public Debate Outcome Draws Attention

The debate over lowering the age of law-breaching juveniles, which was reignited by the 2017 Busan middle school girl group assault case, has entered its final stage. Whatever the outcome, the fallout is expected to continue for some time. In the legal community, where the issue must be dealt with directly, support and opposition remain sharply divided.
On the 30th, the Social Dialogue Council on the Age of Criminal Responsibility for Juveniles under the Ministry of Gender Equality and Family held its fourth plenary meeting and finalized a recommendation to lower the age of law-breaching juveniles.
The debate over lowering the age was reignited in earnest in December last year and again in February, when President Lee Jae-myung referred to the Busan middle school girl group assault case. In that incident, four middle school girls assaulted a fellow student from another school in 2017 because they thought she was being rude. The victim was found covered in blood by a passerby, and the case sparked controversy because one of the attackers was under 14 and therefore not subject to punishment. The recommendation will be reported to Lee at a State Council of South Korea meeting, after which a decision will be made on whether to accept it.
The legal community directly involved in the issue remains deeply split over the proposed age cut.
Supporters argue that crime is evolving along with society, so the age threshold should also be lowered to match. Son Jeong-suk, a prosecutor at the Ulsan District Prosecutors' Office, said in a phone interview, "The most important point is that crime statistics for 13-year-olds and 14-year-olds are almost identical." She added, "Unlike other adult crimes, juvenile crime is rising even as the overall population declines. Although efforts have been made to improve the environment and the system, the actual indicators have gotten worse." She also noted that "repeat-offense rates are rising, and new crimes such as digital sex crimes are becoming more serious."
There is also the argument that lowering the age threshold would not create procedural problems because legal protections would still be provided in line with the law. Lee Geun-woo, a law professor at Gachon University, told this paper, "If a juvenile becomes a criminal minor and an investigation begins as part of criminal procedure, there are protection systems in place, such as police warnings, minor offense procedures, and the prosecution's transfer to the juvenile division or deferred prosecution." He added, "Even if a criminal minor is indicted, the court can transfer the case to juvenile protection procedures and continue the process." He went on to say, "Even if a 13-year-old is recognized as a criminal minor, protective measures would naturally apply, and as a victim, the child would also be guaranteed rights as a crime victim at each stage of the process."
On the other hand, opponents stress that lowering the age threshold is not the solution to juvenile crime. Sora Mi, a non-standing member of the National Human Rights Commission of Korea (NHRCK), along with No Su-hwan, president of the Korean Association of Criminal Law, Ryu Byung-kwan, president of the Korea Youth Policy Association, and 205 others issued a statement saying that "the solution to juvenile crime is not to expand punishment by lowering the age of criminal responsibility." They argued that this would go against international standards, noting that the Committee on the Rights of the Child (CRC) has repeatedly recommended keeping the minimum age of criminal responsibility at 14 or older.
They also warn of the long-term damage caused by stigma. If a criminal record is left on a child as young as 13, it could make social reintegration difficult and ultimately create a vicious cycle that turns them into a more serious offender. Critics say this would only increase the public safety costs that society must bear. Kwak Jun-ho, a lawyer at Cheong Law Firm, said, "Children are subjects of education and guidance, not punishment. Punishing them is adults shifting their own duties and educational responsibilities onto them." He added, "An overreliance on punishment makes the culture itself rigid and produces bad outcomes."
Some experts are also concerned about future "detention infrastructure." To prevent the side effects of "crime learning," in which juvenile offenders are mixed with adult offenders and learn criminal methods, expanding juvenile-only correctional facilities and training specialized staff are essential. However, funding and concrete measures for this remain on the margins of the debate. The council's public consultation results will be submitted to the State Council of South Korea and made public in mid-May.
theknight@fnnews.com Jung Kyung-soo Reporter