Government Decides on 'Conditional Lowering' of Juvenile Criminal Age

[26.06.28] 13-Year-Old Murderers Now Face Up to '20 Years in Prison' Instead of '2 Years in Juvenile Detention'... Government Decides on 'Conditional Lowering' of Juvenile Criminal Age

The government has finalized its direction to 'conditionally lower' the age of criminal responsibility (hereinafter referred to as juvenile offenders), currently set at under 14 years old, to 13 years old, specifically limited to 'serious violent crimes' such as murder, robbery, and sex crimes. If this bill becomes a reality, the maximum sentence a court can impose on a 13-year-old middle school freshman who commits a brutal violent crime will be drastically increased from the current '2 years in a juvenile reformatory' to '20 years in prison' through a criminal trial similar to that of an adult. We delve into the detailed background of this compromise—drawn between the cautious stance of experts running parallel for years and the angry citizens demanding severe punishment—and thoroughly examine the judicial procedures that will completely flip from the initial investigation stage to the final verdict upon the revision of the law.

---

1. 'Conditional Lowering' Compromise Reached After a Long Tug-of-War

According to key government officials on the 28th, the Ministry of Gender Equality and Family and the Ministry of Justice, which have been fiercely debating the issue of the juvenile offender age, recently agreed to lower the age of criminal responsibility from the current 14 to 13. However, rather than applying this uniformly to all crimes, they agreed on a 'conditional lowering' plan where criminal punishment is exceptionally imposed only on those who commit 'serious crimes.'

This decision also reflects the strong will of the highest authority. Earlier, in a Cabinet meeting held in February, President Lee Jae-myung mentioned juvenile violent crimes emerging as a social ill and strongly ordered relevant ministries, including the Ministry of Gender Equality and Family, to reach a prompt and clear conclusion on whether to lower the juvenile offender age. Accordingly, the competent ministry, the Ministry of Gender Equality and Family, prepared this compromise by coordinating complex differences among ministries and is scheduled to officially report the revised recommendation on the juvenile offender age criteria at the Cabinet meeting to be held as early as the 30th. A government official added, "Depending on the final discussion process in the Cabinet meeting, there is still room for some adjustments in the specific wording or scope of application."

2. Tense Differences in Temperature: Prioritizing Rehabilitation (Experts) vs. Urging Severe Punishment (81% Public Opinion)

Juvenile offenders are youth aged 10 to under 14 who, despite committing crimes that violate the Criminal Act, are exempt from criminal punishment due to their young age and instead only receive protective dispositions (such as attendance orders, community service, or transfer to a juvenile reformatory) from the juvenile department of the family court. However, recently, as incidents of brutally assaulting peers in groups, committing heinous sex crimes, and even murder have occurred consecutively—with perpetrators mocking public authority and victims by saying, "I am a juvenile offender, so I won't go to prison"—public anger demanding the complete abolition of the system or the lowering of the age limit has reached a critical point.

To resolve this conflict, a 'Social Dialogue Consultative Body for Discussing the Juvenile Offender Age' was formed in March of this year, embarking on an extensive two-month public deliberation process. At that time, the majority of Juvenile Act scholars and youth education and psychology experts expressed strong concerns about lowering the age and recommended maintaining the current 14-year-old standard. The experts' main logic was that "the majority of juvenile offenders who commit serious crimes are often exposed to poor environments such as domestic violence or extreme neglect, and hastily branding them as criminals and sending them to prison will only increase the recidivism rate and cannot be a fundamental solution."

However, the experts' perspectives were completely out of touch with the general public's legal sentiments. According to a poll conducted by Gallup Korea in March this year on 1,002 adults aged 18 and older nationwide, a staggering 81% of respondents actively supported lowering the age criteria for juvenile offenders. Dissatisfaction had peaked, with people feeling that the system excessively protected the human rights of perpetrators while ignoring the victims' tears of blood. Even more interesting is the fact that among the youth of the relevant age group who directly participated in the online public hearing, there was a pour of opinions supporting the lowering, stating, "Innocent students suffer because of some classmates who abuse the crime." Ultimately, after agonizing between the experts' concerns about the 'stigma effect' and the overwhelming public opinion demanding 'severe punishment,' the government pulled out the 'conditional lowering' card, which leaves minor crimes to rehabilitation but strictly punishes heinous crimes.

3. How Far Does the Scope of 'Serious Crimes' Subject to Punishment Extend?

The core issue of this revised bill depends on how to define the boundaries of the so-called 'serious crimes' that will place a 13-year-old boy in the same criminal court as an adult. Although the specific types and requirements of crimes have not been completely finalized yet, the competent ministry, the Ministry of Justice, plans to complete detailed guidelines through meticulous legal reviews.

To establish the criteria, the Ministry of Justice plans to heavily reference several Criminal Act revision bills related to juvenile offenders proposed by rival lawmakers in the 21st National Assembly. According to these bills, crimes subject to criminal punishment without exception clearly include murder, robbery, heinous sex crimes such as rape and forced molestation, as well as the use of deadly weapons threatening life and group assaults. In addition to isolated violent crimes, it is known that a strong provision will be included to hold 'habitual offenders' who have been sent to juvenile reformatories 3 or more times in the past criminally responsible regardless of age, judging that there is no longer room for rehabilitation. Attention is focused on this development.

4. A 180-Degree Reversed Judicial Process: 'Arrest' Possible from the Initial Investigation Stage

If the conditional lowering bill passes as per the government's policy, when a 13-year-old, the age of a first-year middle school student, commits a heinous crime, the entire process from the initial investigation stage by the police receiving the case to the final sentence by the judiciary will fundamentally change.

Limitations when applying current juvenile offender laws
Currently, no matter how brutally a 13-year-old commits a violent crime and is caught red-handed, the police can do almost nothing other than a 'basic fact-finding investigation' before transferring the case to the juvenile department of the family court. Any coercive investigation, such as requesting an arrest warrant or detention warrant, is legally prohibited, and in principle, they must be handed over to their parents and sent home after just one investigation. Even if the police request attendance for additional investigation, there is no way to forcefully detain them if the juvenile refuses. Even when brought to court, the highest level of punishment the judge can impose is a Type 10 disposition, which is a 'long-term transfer to a juvenile reformatory (maximum 2 years),' and no criminal record that can be checked for life remains.

However, the situation completely changes if the 'conditional lowering' is applied and the 13-year-old boy loses the protective shield of being a juvenile offender. Considering the gravity of the crime, the police can conduct high-intensity investigations while securing custody by requesting an arrest warrant from the court, just like adult violent criminals. The case is transferred not to the family court but to the general prosecutors' office, and after a formal indictment by a prosecutor, they will stand in a solemn general criminal court. The difference in sentencing is like heaven and earth. Although under current law, the death penalty or life imprisonment cannot be sentenced to juvenile offenders who are not criminal minors, according to the Act on Special Cases Concerning the Punishment, etc. of Specific Violent Crimes, the maximum statutory penalty of '20 years in prison,' which can be sentenced to minors, can be handed down. They will have to spend their youth in a regular prison (or juvenile prison) rather than a juvenile reformatory, and even if they enter society, they will have to live with a 'criminal record,' a scarlet letter that cannot be erased for life.

Category	Current (When a 13-year-old commits a crime)	Revised Bill (When a 13-year-old commits a 'serious violent crime')
Initial Investigation & Arrest	Only simple factual investigation possible (Coercive investigation such as arrest absolutely impossible)	Request for arrest warrant and coercive investigation equivalent to adults possible
In-charge Agency & Trial	Women and Juvenile Affairs Division of Police Station ➔ Juvenile Department of Family Court	General Criminal Affairs Division ➔ Prosecution Indictment ➔ General Criminal Court
Maximum Punishment Level	Juvenile Protection Disposition Type 10 (Maximum 2 years in juvenile reformatory)	Up to 20 years in prison in juvenile prison or general prison
Personal Info & Criminal Record	No criminal record remains other than investigation history data	Creation of formal criminal record (criminal history data) that remains for life

[🔍 Core Summary of the 'Conditional Lowering' Plan for Juvenile Offender Age]

• Background of Promotion: 81% overwhelming public opinion in favor of lowering the age in response to increasingly heinous juvenile crimes and the abuse of the juvenile offender system
• Core Content: Lowering the current standard of exemption from criminal punishment for those under 14 to 13 by 1 year, specifically for 'serious crimes'
• Scope of Serious Crimes (Expected): Murder, robbery, heinous sex crimes, special assault, habitual offenders sent to juvenile reformatories 3 or more times, etc.
• Legal Repercussions: Permission for police arrest investigations for 13-year-old heavy offenders, prosecution indictment, sentencing of up to 20 years in prison, and creation of a criminal record
• Future Schedule: Joint revised recommendation by the Ministry of Gender Equality and Family and the Ministry of Justice to be officially reported at the Cabinet meeting on June 30