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Trials - Juvenile trials

Juvenile trials are to provide protective disposition to youthful offenders below the age of 19 who committed a crime or delinquency in order to change their environment and teach good character and conduct.

Chief of police, prosecutor, the court, etc., may send cases of crimes or misdemeanor committed by juveniles 10 years or older or less than 19 years of age to the juvenile division of the family court, or to the juvenile division of the district court. Also, the guardians, school principals, the head of social welfare facility or the head of probation office that have discovered a delinquent juvenile may directly report to the juvenile division (seeking juvenile protection trial to begin) of the family court without having to go through the investigative authorities.

The juvenile division of family court deliberates in principle, based on the investigative report after having such investigative report regarding the juvenile’s crime, environment, etc., prepared by the juvenile investigator. Also, the juvenile division may request the opinions of the experts in order to take into consideration the diagnosis of psychiatrist, psychologists, social workers and educators as well as the various assessments and evaluations by the Juvenile Protection Education Institution and the probation office.

During the juvenile protection trials, the juvenile may appoint a supporter for assistance. The supporter is a person who works to protects the juvenile’s rights and for an adequate review and treatment. There are no eligibility requirements to become a supporter. However, when appoint someone other than guardian or attorney as a supporter, the approval of the juvenile division must be obtained. If the juvenile has been committed to the Juvenile Protection Education Institution and the juvenile does not have a supporter, the court must appoint a supporter for him/her. Even if the juvenile has not been entrusted to the Juvenile Protection Education Institution, if it is needed, the court may appoint a supporter. The related costs are paid for by the government.

The protective measures are meant to help the sound growth of the juvenile and do not affect the juvenile’s future status.

After completing deliberations, the judge of the juvenile division may provide certain adequate protective measures for the juvenile. Such measures include placing the juvenile under protective custody of the guardian or another person who may protect the juvenile in lieu of the guardian; ordering the juvenile to takes classes, do community service, or placing the juvenile under short-term or long-term probation; or placing the juvenile at a juvenile welfare facility, hospital, sanatorium or juvenile center. If the juvenile is placed under probation, he/she may be ordered to receive consultation or education at an organization such as alternative education facility or groups related to the consultation, guidance or reformation, and may also be restricted from going outside during certain hours. Also, the court may order, if deemed necessary upon consideration of the juvenile’s family circumstances, etc., the guardian to receive special education regarding protection of juveniles which is conducted by juvenile centers, Juvenile Protection Education Institution or probation offices.

The protective measures are meant to help the sound growth of the juvenile and do not affect the juvenile’s future status.