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A Study on the Plan for Revision of Juvenile Law and Other Relevant Regulations : Understanding Recent  Trends With an Object and Purpose Analysis 사진
A Study on the Plan for Revision of Juvenile Law and Other Relevant Regulations : Understanding Recent Trends With an Object and Purpose Analysis

Abstract

The main aim of this study is to perform empirical research and review materials related to the plans for the revision of the juvenile law to keep up with the trends and to derive policy implications through comparative legal analysis and research. This study examines the revision plan of the juvenile law in line with recent trends, and it mainly deals with the object and purpose of the instruments. Therefore, the purpose of this paper would be to look at whether there are any problems with Article 1 of the Juvenile Act, and if so, to suggest a suitable draft amendment. Also it aims to comparatively examine the differences in the Juvenile Acts between major countries and Korea based on the historical development and current trends.


Firstly, this research deals with the issue of lowering the criminal age, which has been at the center of discussions recently. In particular, it examines whether lowering the age is appropriate, and if so, to what extent would it be understandable by carrying out research and by comparing legal instruments of other major countries. Secondly, with regard to the status offender and the notification system, the paper focuses on examining problems and improvement plans through the comparative methods and legal research. 


Carrying out this study was a burdensome task as juvenile law has gained a lot of attention in Korea lately, and lowering the age of criminal responsibility was a presidential campaign promise and also a major issue under consideration at the Ministry of Justice. However, the study was conducted under the idea that the research needs to be carried out neutrally, regardless of political opinions, and that it would be appropriate to present as reliable and accurate data as possible. Accordingly, based on theoretical and empirical analysis, this research examines the selected issues in juvenile law including the lowering of the criminal age with a focus on the object and purpose and intends to come up with suitable policy options. 


Thus, the purpose and scope of this study and the need for the study are described in the Introduction, and in Chapter 2, the main issues of the current juvenile law are reviewed and the problems that are found from the theoretical, statistical, and empirical research are demonstrated. Chapter 3 presents a comparative review of the main topics with useful implications, and in Chapter 4, through a survey and in-depth interviews with the experts in the field of juvenile law, the challenges faced by the experts in the field are identified and various improvement plans are analyzed. Chapter 5 suggests suitable plans for Korea based on the aforementioned research. Lastly, it concludes with a summary of the key issues and political implications of this research. 

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