촉법소년 상한연령 하향 인식에의 영향요인 - 소년사법 실무전문가들을 중심으로 -

Abstract

Opinions on lowering the minimum age of criminal responsibility below 14 are divided, even among juvenile justice experts. Analyzing survey results from four working-level juvenile justice expert groups - school police officers, juvenile investigators, juvenile probation officers, and teachers in juvenile training schools, this study aims to explore their perceptions on changing the age of criminal responsibility and influencing factors on them. Of the 278 working-level experts on juvenile justice who participated in the survey, 225 (80.9%) agreed to lower the minimum age of criminal responsibility: The effect of the perceptions on maturity of youth, unity between laws regarding age, social and international trends in juvenile delinquency and juvenile justice to the positions of juvenile justice experts on lowering the age of criminal responsibility are not statistically significant, including personal characteristics of the experts - such as age, working area, length of work period. The statistically significant factors affecting perceptions of the experts on lowering the age of criminal responsibility, on the other hand, are gender and role in the juvenile justice system, the interpretation on the purpose clause of juvenile law, and consent to the claim that juvenile delinquency is getting more serious. The analysis results implies that the underlying reason why most working-level juvenile justice experts agrees to lower the minimum age of criminal responsibility is that strengthening punishment for juvenile delinquents rather than strengthening protection is needed, which is fully contrary to the purpose clause of Korean Juvenile Law.