South Korea's National Human Rights Commission is expected to maintain its opposition to lowering the age threshold for juvenile offenders exempt from criminal punishment, as debate over the issue reignites.
The commission held its 5th standing committee meeting on the morning of the 26th at its 14th-floor conference room in Jung-gu, Seoul, reviewing five agenda items including opinions on a proposed amendment to the National Human Rights Commission Act. The issue of lowering the juvenile offender age was briefly discussed at the plenary session before the meeting concluded.
When Standing Commissioner Lee Sook-jin proposed discussing the juvenile offender age issue, Commission Chairman Ahn Chang-ho responded, "An opinion was raised at the Cabinet meeting to lower the age for juvenile offenders. I understand they plan to finalize this after about two months of discussion. How should we respond?"
Standing Commissioner Kim Hak-ja stated, "Unless there are other factors, I believe we should maintain our opposing position." Standing Commissioners Lee Sook-jin and Oh Young-geun reportedly agreed on the need to reaffirm previous recommendations.
"Chokbeop sonyeon" refers to minors aged 10 to under 14 who lack criminal responsibility under criminal law. Even if they commit crimes, they receive protective measures such as juvenile detention center placement instead of criminal punishment.
As incidents involving juvenile offenders continue, social debate over adjusting the age of criminal responsibility is spreading again. On the 5th of last month, Gwangju Bukbu Police investigated five middle school students suspected of filming a group assault on a classmate and posting it on social media. They are accused of assaulting a classmate at a playground and underground parking lot in Buk-gu, Gwangju on December 27 last year and the 1st of last month.
On the 25th of last month, elementary school students sprayed fire extinguishers and set fire to waste paper at a commercial building parking lot in Gangseo-gu, Busan, causing property damage. Police processed the case as a juvenile protection matter rather than criminal punishment, considering their status as juvenile offenders.
Amid this trend, calls to lower the age of criminal responsibility from the current 14 to 13 are gaining momentum again. President Lee Jae-myung stated at the Cabinet meeting on the 24th, "It seems an overwhelming majority of citizens believe we should at least lower it by one year. Let's have the relevant ministries organize the issues, gather public opinion, and then reach a conclusion in about two months."
However, the commission has consistently opposed lowering the age. In 2018 and 2022, the commission twice expressed opinions that lowering the age for criminal minors and juvenile offenders was not desirable. In 2022, it conveyed to the National Assembly Speaker and Justice Minister that "expanding negative stigma effects on young juvenile offenders could hinder their social reintegration and recovery, and obstruct their growth as healthy members of society," adding that "this cannot be considered an effective alternative that appropriately addresses the fundamental causes of juvenile crime."
The commission plans to finalize specific details and plans after further discussions with its secretariat.