형사미성년자의 연령 인하 문제를 위한 제언

• 영문명: Lowering the Juvenile Age Requirement of the Criminal Responsibility
• 발행기관: 한국형사법학회
• 저자명: 정재준(Chung, Jae-Joon)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제1호, 25~61쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.03.30

영문 초록

A bill lowering the minimum age of criminal liability for a child offender from 14 to 12 years of age has been filed at the House of Representatives by a right wing Congressman. The Korean Juvenile Law was already revised because of cruel juvenile crimes by younger juveniles in December 2007. The reformed Juvenile Law has been early treating and intervening in the younger juveniles. However, this motion just emphasizes on protecting the children who are 10 to 13 years old, at the committing crime. Korean Criminal Law cannot punish the children and cannot protect the victims without lowering the minimum age of criminal liability for a child offender. Even, exempting the age brackets of 10 - 14 from criminal liability could be used by unscrupulous minds to justify the offenders’ criminal acts. Nevertheless, there is scarce researching on the minimum age of criminal liability. Furthermore, there is hardly research on the British and American minimum age of criminal liability in South Korea. The common law has been developed about the minimum age of criminal liability through precedent cases in the United States of America. What can South Korea learn from the common law about minimum age of criminal liability? Is it really right that the Korean Criminal Law would be revised for lowering the juvenile age requirement of the criminal responsibility from under 14 to under 12? These are this thesis' purpose.

목차

Ⅰ. 문제제기

Ⅱ. 형사책임능력의 본질

Ⅲ. 세계 각국의 형사책임연령

Ⅳ. 우리나라 형사책임연령 문제에 대한 고찰

Ⅴ. 결어

[참고문헌]

[Abstract]

키워드

형사책임연령 저연령화 소년범죄 미성년 소년사법체계 Age of the criminal responsibility Decline in the criminal age Juvenile delinquency Infancy Juvenile Justice System