Government to seek more public input on lowering juvenile offender age threshold

The government is expected to seek further public input on whether to lower the age threshold for juveniles exempt from criminal responsibility.

Juveniles exempt from criminal responsibility in Korea are referred to as chokbeop sonyeon, a legal category covering those aged 10 to 13. Under Korea’s Criminal Act, minors under 14 cannot be held criminally responsible, regardless of the offense. The legal loophole has long been a source of concern, with some juveniles threatening to commit crimes or actually carrying them out in the knowledge that they cannot be held criminally liable.

“The Justice Ministry is drawing up a plan to gather additional opinions on lowering the age threshold for juveniles exempt from criminal responsibility,” an official from the Ministry of Gender Equality and Family said during a regular briefing at the government complex in Jongno District, central Seoul, on Thursday. “The Gender Equality Ministry, which has experience conducting public deliberations, provided the Justice Ministry with practical information.”

“I understand that they are considering using a public opinion survey,” the official said regarding how the additional feedback would be gathered.

A majority of participants in an earlier public deliberation conducted by the Gender Equality Ministry favored lowering the age threshold under certain conditions.

A survey of 212 members of a citizen panel that participated in the deliberation found that support for a conditional reduction rose 0.9 percentage points, from 45.8 percent before the deliberative discussion to 46.7 percent afterward.

Based on the results, the Gender Equality Ministry proposed lowering the current age range of 10 to under 14 to 10 to under 13, but only for serious, major or repeat offenses.

President Lee Jae Myung, however, said after being briefed on the matter at a Cabinet meeting on July 14 that while he agreed on the need to lower the age threshold, further discussion was needed on whether the reduction should apply across the board or only under certain conditions and on the specific age threshold.

“Let’s gather public opinion again,” Lee said at the time, instructing officials to seek further public input through various methods, including opinion polls.

The Gender Equality Ministry is also pursuing measures to prevent juvenile delinquency and improve protective measures alongside efforts to adjust the age threshold.

“We are seeking to add two youth recovery support facilities and one youth independence support center to better protect juveniles exempt from criminal responsibility and prevent repeat offenses,” the Gender Equality Ministry official said. “But because these are not facilities that communities generally want in their neighborhoods, there is not much demand from regional governments.”

“We are also working with the National Court Administration to arrange an interagency meeting aimed at improving the practical operation of juvenile protection facilities,” the official added. “Many of the measures require revisions to the Juvenile Act, so we are also consulting with the National Assembly.”

BY HYEON YE-SEUL [kim.jiye@joongang.co.kr]