Korea is poised to conclude nearly a decade of public debate over whether to lower the age of criminal responsibility from under 14 to under 13, with the government set to finalize its proposal by the end of this month after reviewing opinions gathered through a weekend forum.
According to the Ministry of Gender Equality and Family on Tuesday, the Social Dialogue Council, launched to discuss the minimum age of criminal responsibility, is holding a two-day deliberative forum from Tuesday through Wednesday with about 200 citizens participating to gather views on adjusting the age threshold.
"Today's event is the most important part of the public deliberation process," Minister of Gender Equality and Family Won Min-kyung said ahead of the first deliberative forum held at the OCC Osong Convention Center in Osong, North Chungcheong Province, on Tuesday. "This is a meaningful occasion designed to share diverse views and listen to citizens based on an accurate understanding of the criminal minor system and the issues at stake."
The debate over lowering the age of criminal responsibility from under 14 to under 13 began in September 2017, when a case in which teenage girls in Busan beat a fellow middle school student bloody spread through social media.
A criminal minor is someone under 14 years of age who cannot be held criminally liable even if they commit a crime. Korea's current Criminal Code stipulates that "the act of a person who has not reached 14 years of age shall not be punished." Accordingly, those under 14 face protective measures under the Juvenile Act rather than criminal punishment if they commit crimes. They are referred to as "chokbop sonyeon," or criminal minors.
The government announced plans to lower the age of criminal responsibility immediately after the Busan assault case, but discussions made no progress over the following decade. The Ministry of Justice formed a task force on modernizing the criminal minor age standard in 2022 and announced a "Comprehensive Plan for Juvenile Crime" that included lowering the age of criminal responsibility. Related bills were submitted to the National Assembly that same year but were scrapped when the legislative term expired.
The situation shifted after President Lee Jae-myung said in December last year during policy briefings from the Justice Ministry and the Gender Equality Ministry that the issue of lowering the age of criminal responsibility needed to be reviewed, instructing that it be discussed at a Cabinet meeting. At a Cabinet meeting in late February, Lee also directed Minister Won to gather public opinion on the age of criminal responsibility through deliberative discussions within two months.
In response, the Social Dialogue Council was formed, led by the Gender Equality Ministry and including the Justice Ministry, the Education Ministry, the Ministry of Health and Welfare, the Korean National Police Agency, and experts. Based on opinions gathered from various sectors over the past two months, including this weekend's forum, the council will issue its final recommendation at its fourth plenary meeting on Nov. 30. A final decision on whether to lower the age will be made at a Cabinet meeting.
"13-Year-Olds Have Criminal Capacity" vs. "13-Year-Olds Lack Self-Control"
Supporters of lowering the age of criminal responsibility argue that juveniles today are more physically and mentally mature than when the Criminal Code was enacted in 1953, which set the upper limit of criminal minors at under 14. Age 13 is when children enter middle school in Korea.
Another key argument in favor is that crimes by criminal minors are increasing and becoming more serious. The number of criminal minors apprehended last year rose 80 percent from 2021. Apprehensions for violent crimes such as rape and indecent assault rose 86 percent over the same period, and over the past five years there were six murders and 50 robberies committed by criminal minors.
Opponents argue that 13-year-olds still lack self-regulation due to the nature of brain development. They point out that in children aged 12 to 13, the frontal lobe is still developing, and maturity and abstract thinking abilities are still in the process of growing.
The minimum age of criminal responsibility in major countries is generally set between 10 and 16 years.
The United Kingdom sets the minimum age as low as 10, but uses non-judicial measures such as "youth cautions" starting at the police level. Germany's minimum age of criminal responsibility is 14, but those aged 14 to 17 bear criminal responsibility only when their capacity to understand wrongdoing and control their actions is recognized.
France's minimum age of criminal responsibility is 13, and for those aged 10 to 13, judicial educational measures are taken, placing them in educational foster facilities and closed educational centers while supporting counseling, treatment and social reintegration. Japan's minimum age of criminal responsibility is 14, and for children under 14, responses center on protective measures and welfare intervention.
