소년법상의 비행소년에 대한 임시조치 -한국·미국·일본의 관호제도의 비교검토를 중심으로

• Published in: 소년보호연구 Vol. 28; pp. 1 - 32
• Main Authors: 강경래, Kang Kyung-rea
• Format: Journal Article
• Language: Korean
• Published: 한국소년정책학회 28.02.2015
• Subjects: Family Court; Juvenile Delinquency; Juvenile Law; Protective Detention; 가정법원; 관호제도; 법학; 소년법; 소년비행; 임시조치
• ISSN: 1598-8163; 2734-0414

When the police, etc. clear a juvenile offender who committed an offense with statutory penalty of fine or lighter punishment, they shall refer the case to a family court, and with that of heavier punishment to a public prosecutor, excluding a case where the juvenile offender is cleared for violations of Road Traffic Act and for which the pecuniary penalty is paid in accordance with the traffic infraction notification system. A public prosecutor investigates the case and then refers it to a family court if there is probable cause to suspect that an offence has been committed or any other reason to subject the case to a hearing of a family court. With juvenile offenders under 14 and pre-delinquents younger than 14 years of age, measures provided by the Child Welfare Act have priority and a family court may subject them to a hearing only when a prefectural governor or the director of a child consultation center refers the juvenile to a family court. Police officers may investigate a case if necessary when they discover a juvenile and there exists, in reasonable view of objective circumstances, probable cause to suspect that he/she is a juvenile offender under 14. The police shall refer the case to the director of a child consultation center if they consider that the act of the juvenile involved specific types of serious offenses as a result of the investigation. The prefectural governor or the director of a child consultation center will refer the juvenile they have been notified of or received, etc. to a family court if they deem it appropriate to subject the juvenile to a hearing in a family court. When juvenile offenders under 14 violated laws or regulations involving specific types of serious offenses, however, the governor/director is required, in principle, to refer the case to a family court. 2 Procedure in a family court. (1) Investigation in a family court A family court is required to investigate any case referred by public prosecutors, etc. It can order a family court research law clerk to investigate it. (2) Classification in a juvenile classification home A family court may refer a juvenile to a juvenile classification home and request a classification of their predisposition by a ruling (protective detention) if it is needed for a hearing. In this case, the juvenile classification home accommodates the referred juvenile and classifies his/her predisposition based on the expertise it has in medicine, psychology, pedagogy, sociology, and other specialized fields in order to contribute to the hearing, etc. in a family court. As of April 1, 2014, there were 1 juvenile classification homes nationwide. In this study, South Korea and Japan, and were to be compared and discussed American protective detention.