JUVENILE ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to ensure sound fostering of juveniles by carrying out necessary measures, such as protective dispositions, etc. for the environmental adjustment and character correction of juveniles demonstrating anti-social behavior, and by providing special measures regarding criminal dispositions.

[This Article Wholly Amended on Dec. 21, 2007]

Article 2(Juveniles and guardians) #

The term "juveniles" as used in this Act means persons under 19 years of age, and the term "guardian" means any person who has the legal obligation to take care of, supervise and protect, and educate juveniles, or any person who is presently supervising and protecting juveniles.

[This Article Wholly Amended on Dec. 21, 2007]

CHAPTER II PROTECTION CASES

SECTION 1 Common Provisions

Article 3(Jurisdiction and functions) #

(1) Legal jurisdiction in juvenile protection cases shall be determined by the place of offense, the place of residence, or the place where the juvenile is present.

(2) Juvenile protection cases shall be under the jurisdiction of the Juvenile Department of the Family Court or the Juvenile Department of a district court (hereinafter referred to as the "Juvenile Department").

(3) The trial and ruling on the disposition of the juvenile protection cases shall be handled by a single judge of the Juvenile Department.

[This Article Wholly Amended on Dec. 21, 2007]

Article 4(Objects of protection, transfer, and notification) #

(1) Juvenile cases falling under any of the following subparagraphs shall be tried as protection cases by the Juvenile Department:

Article 1(Purpose) #

Article 2(Juveniles and guardians) #

Article 3(Jurisdiction and functions) #

Article 4(Objects of protection, transfer, and notification) #

Article 5(Warrant of transfer) #

Article 6(Transfer) #

Article 7(Transfer to competent public prosecutor’s office for criminal dispositions) #

Article 8(Notice) #

Article 9(Guidelines on investigation) #

Article 10(Notice of right to remain silent) #

Article 11(Order of investigation) #

Article 12(Diagnosis by experts) #

Article 13(Summons and warrant of accompanying) #

Article 14(Emergency warrant of accompanying) #

Article 15(Forms of warrant of accompanying) #

Article 16(Execution of warrant of accompanying) #

Article 17(Appointment of assistants) #

Article 17-2(Court-appointed assistant) #

Article 18(Temporary measures) #

Article 19(Decision not to commence trial) #

Article 20(Decision to commence trial) #

Article 21(Designation of trial date) #

Article 22(Change of date) #

Article 23(Commencement of trial) #

Article 24(Methods of trial) #

Article 25(Statement of opinion) #

Article 25-2(Right to make statement of victim) #

Article 25-3(Recommendation of compromise) #

Article 26(Examination of witnesses, expert evidence, interpretation and translation) #

Article 27(Evidence by inspection, seizure and search) #

Article 28(Assistance and cooperation) #

Article 29(Decision not to take protective detention of juvenile) #

Article 30(Record) #

Article 30-2(Perusal and reproduction of record) #

Article 31(Delegation provisions) #

Article 32(Decision of protective detention of juvenile) #

Article 32-2(Additional disposition pursuant to probation disposition) #

Article 33(Period of protective detention of juvenile) #

Article 34(Objects of confiscation) #

Article 35(Execution of ruling) #

Article 36(Submission of report and opinion) #

Article 37(Change of dispositions) #

Article 38(Cancellation of protective detention) #

Article 39(Protective detention and judgement of conviction) #

Article 40(Concurrence of protective detention) #

Article 41(Subsidies of expenses) #

Article 42(Expenses for witness) #

Article 43(Appeal) #

Article 44(Presentation of petition of appeal) #

Article 45(Judgement of appeal) #

Article 46(Suspension of execution) #

Article 47(Reappeal) #

Article 48(Application of Acts) #

Article 49(Transfer by Public Prosecutor) #

Article 49-2(Investigation prior to prosecutor’s decision) #

Article 49-3(Conditional suspension of prosecution) #

Article 50(Transfer by court) #

Article 51(Transfer of case) #

Article 52(Physical transfer to juvenile department) #

Article 53(Effect of protective detention) #

Article 54(Suspension of prescription for prosecution) #

Article 55(Restrictions on warrant of detention) #

Article 56(Request for investigation) #

Article 57(Separation of trials) #

Article 58(Principles for trial) #

Article 59(Mitigation of death penalty and life sentence) #

Article 60(Indeterminate sentence) #

Article 61(Inclusion of number of days of detention in pendency) #

Article 62(Prohibition of detention in labor house) #

Article 63(Execution of or imprisonment or imprisonment without prison labor) #

Article 64(Protective detention and execution of punishment) #

Article 65(Parole) #

Article 66(Completion of period of parole) #

Article 67(Application of Acts and subordinate statutes on qualifications) #

Article 67-2(Policies preventing misconducts) #

Article 68(Prohibition of report) #

Article 69(False statement of age) #

Article 70(Response to inquiry) #

Article 71(Noncompliance with summons and noncompliance with order of special education for guardian) #