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학술논문비교형사법연구2008.12 발행KCI 피인용 11

한국의 개정 소년법의 주요내용과 동향

The principal contents and trend of the amended juvenile law of Korea

한인달(영남대학교)

10권 2호, 375~403쪽

초록

The Korean juvenile law, enacted on July 24th, 1958, has gone through the several amendments, and the latest amendment was made on December 21st, 2007. The new Amendment is considered not sufficient to resolve all problems in juvenile justices system including the high rate of second offences. We have to make a continued effort to develop the way for improvement of it and to do research on alternative models and advanced system such as diversion, balanced justice and restorative justice. Especially, the following american principle for juvenile justices is very suggestive in relation to the way for development of the Korean juvenile system: “Minor juvenile delinquency should be exempt from judicial procedure. Instead, family and society should provide protection and remedy to our juveniles for them to be able to return to the society. For the felony, strict countermove should be taken with due process guaranteed.”

Abstract

The Korean juvenile law, enacted on July 24th, 1958, has gone through the several amendments, and the latest amendment was made on December 21st, 2007. The new Amendment is considered not sufficient to resolve all problems in juvenile justices system including the high rate of second offences. We have to make a continued effort to develop the way for improvement of it and to do research on alternative models and advanced system such as diversion, balanced justice and restorative justice. Especially, the following american principle for juvenile justices is very suggestive in relation to the way for development of the Korean juvenile system: “Minor juvenile delinquency should be exempt from judicial procedure. Instead, family and society should provide protection and remedy to our juveniles for them to be able to return to the society. For the felony, strict countermove should be taken with due process guaranteed.”

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2008.10.2.017
분류:
법학

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