소년분류심사원의 운영실태 및 인식분석을 통한 역할강화방안

• Published in: 소년보호연구 Vol. 29; no. 4; pp. 85 - 120
• Main Authors: 이승현, Lee Seung-hyun, 박성훈, Park Seong-hoon
• Format: Journal Article
• Language: Korean
• Published: 한국소년정책학회 30.11.2016
• Subjects: Juvenile Protection and Treatment Act; overcrowding; Perception Survey; proxy juvenile detention institutions; the Juvenile Classification Review Center; 과밀수용; 대행소년원; 법학; 보호소년 등의 처우에 관한 법률; 소년분류심사원; 인식조사
• ISSN: 1598-8163; 2734-0414

The Juvenile Classification Review Center play the role that help to accurately diagnose the causes of juvenile delinquency in its early stages and provides the right treatment appropriate for the characteristics of individual juveniles. However, currently there is only 1 the Juvenile Classification Review Center and 6 proxy juvenile detention institutions in South Korea. Under the circumstance, such institutions are severely overcrowded with juvenile delinquents. As the number of juveniles in such institutions increases continuously with the establishment of competent courts, overcrowding gets more severe, worsening negative aspects such as human rights infringement and learning crimes. Under the current situation, there is a need to analyze the status of the current operation of the Juvenile Classification Review Center, its role and function, and examine the measures that the Juvenile Classification Review Center needs to take to accurately diagnose juvenile delinquents and to decide on their treatment. In order to strengthen the role of the Juvenile Classification Review Center it is necessary not only to establish more the Juvenile Classification Review Center by the unit of metropolitan city but also to make small the current facilities of the classification review board and to abolish the classification review function of the proxy juvenile detention institutions. Considering negative side effects, classification review of young juveniles through detention should be limited as much as possible. Behavior observation and environment inspection should be the priority for the purpose of specializing classification review. And there is a need to remove transport of delinquents and night duty from the duty list of classification review officers to improve their work environment. They should be given ample office hours to diagnose misconducts and prepare classification review reports. There is also a need to develop specialized education programs to prevent delinquency especially those detained at the institutions in their beginning stage of delinquency. Regarding legislative improvements, there is a need for special budgeting and treatment of those subject to classification review through a separate legislation. In addition, for a specialized misconduct diagnose, the minimum number of juvenile delinquents should be detained. To minimize human rights violations, the criteria to extend detention period should be stipulated in related laws, and legal grounds should be prepared to more strictly apply the causes for detention. Procedural rules to raise objections to classification review processes should be laid down to let delinquents themselves and their parents to make appeals. There should be separate provisions in related laws for treatment of those juveniles in the proxy institutions, aside from treatment for juveniles in average juvenile detention centers.