소년사법에서의 소년보호

• 영문명: The Protection of Juvenile Offenders and Juvenile Victims in the Juvenile Justice System
• 발행기관: 한국형사법학회
• 저자명: 최병각(Choi Byung-Gak) 윤용규
• 간행물 정보: 『형사법연구』형사법연구 제19권 제3호 (上), 247~272쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.20

영문 초록

  Under the juvenile justice system in Korea, juveniles under the age of 14 are presumed to be without criminal capacity. No one under 16 years old when he/she committed a crime could be subjected to capital punishment or life imprisonment. Indeterminate sentences not exceeding maximum 10 years and minimum 5 years and mitigation of sentence on the basis of juvenile characters are available for juvenile offenders. Pretrial detention should be restricted to unavoidable cases and juvenile detainees are separated from adult detainees. Public defenders could be appointed to juvenile defendants. Fine should be excluded from penalties for juvenile offenders. Parole is widely granted to juvenile prisoners. Prior record of juvenile offenses should be shut down after serving imprisonments with regard to qualification. And status offences should be abolished from juvenile court jurisdictions. The subjects of protection cases should be determined by the age of committing delinquencies. The right to counsel and the evidence rule should be guaranteed in the protection proceedings.
  Most crimes against children or juveniles are punished with enhanced sentences. Juvenile victims are equal with adults in the light of having rights to put their assaulters to criminal punishments and get compensations from victimization. Some rights of juvenile victims could be exercised by their guardian"s own discretion for the benefit of juveniles. When juvenile victims are to give witness, the burdens should be minimized and the measures for conveniency should be maximized to juvenile witnesses.

목차

Ⅰ. 들어가는 말
Ⅱ. 소년과 소년사법
Ⅲ. 비행소년의 보호
Ⅳ. 피해소년의 보호
Ⅴ. 맺음말
〈Abstract〉
[토론문] ‘소년사법에서의 소년보호’에 대한 토론

키워드

범죄소년 피해소년 소년사법 소년법 소년법원 Juvenile Offender Juvenile Victim Juvenile Justice Juvenile Law Juvenile Court