“Same Delinquent Act, Different Dispositions”: Parents Make the Difference [The Ins and Outs of Juvenile Proceedings]

[Financial News] As a lawyer, I provide one type of consultation more often than I had expected: cases involving juvenile delinquency and school violence. In my experience, I handle fewer of these consultations than divorce cases, but far more than inheritance cases. What is even more surprising is that the degree to which a dispute has escalated is often far greater than the seriousness of the incident itself. A seemingly minor argument or prank can suddenly become a school-violence case, a criminal case, and eventually a juvenile proceeding. The same is true whether the child is the victim or the offender. Once a case becomes entangled in the legal system, parents are gripped by the fear that “my child’s life may be over.” That anxiety can sometimes make the situation even more complicated.
While working at the court, I handled juvenile proceedings for a total of four years—in 2016 and from 2019 through 2022. I encountered thousands of juvenile cases each year and met countless children and parents. Through that experience, I learned one fact clearly: in juvenile proceedings, the judge’s primary concern is not simply “What did the child do?” So what should parents prepare?

Juvenile proceedings differ from criminal trials from the outset. The nature and severity of the delinquent conduct are certainly important. However, a juvenile court judge does not look only at the child’s past. The judge also considers whether the child can change in the future and avoid repeating the conduct if placed in a similar situation again. That is why a juvenile court judge sometimes serves not only as a traditional judge, but also as a doctor or teacher. The judge is not merely determining the price a child must pay for wrongdoing, but seeking ways for the child to live a healthy life in society again. The key concept here is “parental protective capacity.” This refers to a comprehensive assessment of how stably the parents can care for and guide their child, the family environment and peer relationships in which the child lives, and whether risk factors that could lead to repeated delinquency can be eliminated. This is why two juveniles who commit the same delinquent act may receive different dispositions. A juvenile court judge closely examines: 1) whether the parents are managing the child’s daily life in concrete terms; 2) whether they understand what caused the child to engage in delinquent conduct; 3) whether problematic peer relationships are being addressed; 4) whether practical and effective measures have been taken to prevent the child from reoffending; and 5) whether the parents are continuously monitoring the child’s progress.
In criminal trials, the defendant’s relationships with their parents or friends do not often have a decisive impact on sentencing. Juvenile proceedings are different. The relationship between parents and child, peer relationships, and the stability of the home are all important factors that can determine the disposition.

Many parents tell the court, “We will guide our child well from now on. We will make sure this never happens again. As parents, we will pay closer attention.” But what persuades a juvenile court judge is not words; it is concrete evidence of change. The delinquent conduct that has already occurred is a problem of the past. The environment surrounding the child, however, is a problem of the future that can still be changed. Parents should therefore prepare specific information rather than vague promises: 1) How have they addressed the child’s relationships with the friends involved? 2) How are they managing the child’s school life? 3) What does the child do after returning home? 4) If counseling or treatment is needed, have they actually begun it? 5) Which parent will guide and counsel the child, and how? 6) What rules have they established at home to prevent a recurrence of the delinquent conduct? 7) If both parents work or cannot care for the child directly, how will that gap be addressed?
What matters is not saying “We will change,” but showing “what we changed, how we changed it, and when we began.” A juvenile court judge does not look only at the child’s behavior at the time of the delinquent conduct. The judge considers how seriously the parents intervened afterward, whether the child’s surrounding environment has actually changed as a result, and whether that change is likely to continue. If parents cannot explain this properly, a case that might have resulted in a community-based disposition for another juvenile could instead lead to placement in a facility.

There is one aspect of juvenile proceedings that parents often overlook: the various investigations conducted after a decision to commence proceedings. A juvenile court judge may request an investigation by a juvenile investigator, a Youth Counseling and Welfare Center, a probation officer, or a Juvenile Classification and Examination Center to assess the child’s peer relationships, family environment, attitude toward daily life, and the causes of the delinquent conduct. The results are not merely reference materials. They are key factors that the juvenile court judge takes seriously when determining the final disposition. The judge may also ask the parents directly about matters of concern during the court hearing. However, when many cases are waiting to be heard, it is difficult to properly assess the parents’ protective capacity and family environment through a brief hearing alone. Ultimately, the judge has little choice but to rely on the investigation report prepared by the relevant institution. Parents of a juvenile involved in delinquent conduct must therefore never take a call from an institution lightly simply because it did not come directly from the court. An attitude such as, “The court didn’t summon us, so do we really have to go? Can’t we just explain it briefly over the phone?” is extremely risky. If parents respond to the investigation carelessly or avoid it, they may be judged to lack the willingness to properly protect and guide their child. During the investigation, parents should not respond defensively at all costs. Instead, they should seriously explain “the child’s current life and personality, how the delinquent conduct occurred, changes observed in the child afterward, the specific measures taken by the parents, their plans for future guidance, and how the school, counseling institutions, and family will work together.” What is conveyed to the investigative institution will ultimately be reported to the juvenile court judge. Parents should not forget that their attitude toward the investigator can also serve as an important reference in assessing the protective capacity of both the child and the parents.

Parents are not parties to juvenile proceedings. Nevertheless, their ability and willingness to protect the child are important factors in assessing the likelihood of repeat delinquency and whether a community-based disposition is possible. Whenever possible, parents should therefore attend court with the child as guardians. Even if they have to take paid leave from work, it is advisable for both parents to attend at least the hearing date. Simply appearing in court in neat attire and observing the proceedings as the child’s guardians demonstrates the parents’ attention and sense of responsibility. Conversely, sending the child to court alone without a special reason or showing indifference to the proceedings may create the impression that the parents’ protective capacity is inadequate. Of course, a disposition will not change merely because the parents are dressed neatly. What matters is how seriously they take the case and whether they are actually taking action to help their child change. Attending court is the most basic way to demonstrate that sincerity.

When the delinquent conduct is serious or the juvenile’s surroundings are highly unstable, a juvenile court judge may order placement in a Juvenile Classification and Examination Center for an in-depth investigation and the child’s safety. Examples include repeatedly running away from home for extended periods without justification, repeated exposure to prostitution, and repeated self-harm. At the center, the juvenile’s daily conduct, relationships with others, and compliance with rules are observed. A juvenile may receive a praise card for living responsibly and setting a good example for others, or a reprimand card for breaking rules or causing harm to others. Many parents tell their children, “You should try to receive as many praise cards as possible.” That is certainly reasonable. More important, however, is avoiding the conduct that would result in a reprimand card. What the juvenile court judge wants to know is not whether the juvenile is a perfect model student. The question is whether the child can control their behavior even in a setting where dangerous environments and temptations have been blocked. If the juvenile repeatedly causes problems even inside the Juvenile Classification and Examination Center, the judge will inevitably conclude that the child is highly likely to reoffend in society, where more temptations and dangers exist.
When meeting with a child placed in the Juvenile Classification and Examination Center, parents should therefore give specific guidance rather than simply saying, “Behave yourself.” They should say, “Do not fight with the other juveniles; follow all the rules and regulations of the facility; do not react immediately even when you are angry; tell a staff member first if something is bothering you; and do not cause harm to anyone else, even as part of a minor prank.” The period of placement at the Juvenile Classification and Examination Center is an important observation period during which the juvenile can demonstrate whether they are capable of changing.

One of the most difficult issues for parents whose children face juvenile proceedings is whether to admit all of the delinquent conduct without qualification or challenge certain unclear aspects. This decision must be made carefully. That does not mean children should admit to acts they did not commit. If there are unjust aspects and objective evidence supporting innocence, the matter should be actively contested. After examining the delinquent conduct and evidence, a juvenile court judge may refer the case to a prosecutor if a criminal offense punishable by imprisonment or a more severe sentence is established and the judge determines, in light of the motive and the nature of the offense, that criminal disposition is necessary. Because a prosecutor cannot refer a case back to the Juvenile Division after it has been referred by the juvenile court judge, the possibility of referral and the significance of the subsequent criminal proceedings must be thoroughly reviewed in advance.
In reality, it is difficult for a juvenile court to conduct a sufficiently complex examination of evidence in the same manner as a criminal trial. After the juvenile court judge refers a case to the prosecution, the prosecution may conduct additional investigations and bring charges, leading to a criminal trial. In many cases, the matter is then referred back to the Juvenile Division. The investigation by law enforcement and the criminal trial can take a considerable amount of time. If the case returns to the Juvenile Division with a finding of guilt, the juvenile will have difficulty avoiding a severe disposition.
Accordingly, unless there is a high likelihood of receiving a decision of no wrongdoing from the investigative authorities, clear evidence proving innocence at a criminal trial, a possibility that key evidence was fabricated or manipulated, or sufficient objective evidence showing that the child did not actually participate in the delinquent conduct, it may be strategically preferable to admit the conduct in a juvenile protection case.
In particular, once a juvenile court judge decides to refer a case to the prosecution, that decision cannot be reversed. In other words, if the juvenile denies the delinquent conduct and the judge decides to refer the case to the prosecution, it is useless for the juvenile to later change position and plead, “Please let me have a juvenile trial again.”

Parents of middle and high school students need to pay attention to their children’s daily lives and peer relationships. They should continuously monitor whom their children spend time with, what they watch and learn from, and how they resolve conflicts. Children do not suddenly become juveniles involved in delinquency one day. In many cases, friendships, online content, conflict at home, parental absence, and failures at school gradually accumulate before eventually emerging as impulsive behavior.
Juvenile proceedings are not intended to place a stigma on a child’s life. Rather, they can be viewed as a final warning that gives parents an opportunity to reassess their child’s living environment and their own parenting methods. The delinquent conduct has already occurred in the past. But the environment in which the child will live, the people who will help, and the kind of person the child will become can still be changed from this point forward. That is precisely what a juvenile court judge wants to see. It is not enough to argue, “This child did nothing wrong.” Parents must approach the matter by showing that “this child fully acknowledges the wrongdoing, the parents have identified its causes, and they are actually changing the environment to prevent the same thing from happening again.” The most important thing parents must do in juvenile proceedings is not blindly shield their child. It is to take responsibility and act first so that the child does not repeat the same mistake.
Kim Tae-hyung, Partner Attorney at Barun LawKim Tae-hyung is an expert in family and inheritance law. After being appointed as a judge in 2007, he joined Barun Law in 2024 after completing a 17-year judicial career as a presiding judge at Suwon Family Court. During his time on the bench, he handled family, inheritance, and juvenile proceedings for a total of eight years beginning in 2012. In particular, during the five years before his retirement from the judiciary, from 2019 through 2024, he handled numerous family and inheritance cases as a specialist judge in family and juvenile matters at Suwon Family Court, establishing his expertise in the field. He is also the author of the bestseller “Inheritance, Divorce, Juvenile Trials, and the Court as Explained by a Chief Judge” (Pakyoungsa Publishing, 2023).