형법상 형사미성년자 연령 설정과 소년법상 소년보호처분제도와의 관계

Various comprehensive measures to root out the school violence are presented as the accidents of school violence occurring successively have been emerged as a serious social problem, inter alia, an argument to lower the criminal liability age is appeared as one of measures to strongly counteract the school violence committed by elementary students or low grade of middle school students. This discussion is a new phenomenon which has not been seen even in the near past, and is thought to have started from the question that the age of criminal minor in current criminal law should be reviewed to be lowered due to lowering the age, getting more outrageous and increasing the second conviction rate of juvenile crime. However, just to increase the criminal punishment through lowering the age of criminal minor is not the best one out of effective measures according to characteristics of the recent juvenile crimes, but to consider the measures to diversify and vitalize the protective disposition system for juvenile offenders in educational aspects seems to be more suitable. Especially, the grounds for argument to be acknowledge such as  the speed of mental and physical growth of juvenile, ‚ lowering the age of juvenile crime, ƒgetting outrageous of juvenile crime, „ the correlation and unbalance between lowering the age of juvenile to be in protective disposition in Juvenile Law and lowering the age of criminal minor in Criminal Law and … the infringement of the right to state in judiciary proceedings need to be analyzed more deeply.