保護処分に関する韓・日比較
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概要
- 論文の詳細を見る
The Juvenile justice systems in Korea and Japan that make use of a paternalism have much in common. Although there is a close resemblance between the basic systems of the two juvenile laws, they have features of their own, including the discretionary power of the prosecutor. There are 7 protective measures of the Juvenile Law in Korea. And the Juvenile Law of Japan provides 3 protective measures. The important features of the practical application of protective measures in Korea and Japan can be summarized as follows : Firstly, the distribution ratio of dismissal without hearing and discharge after hearing in Korea is 5% and less every year, but that of Japan is on the whole 75% or more every year. Secondly a protective measure to pre-delinquent juvenile in Korea is few in practice. But the number of juveniles dealt with as pre-delinquents at the Family Court of Japan are on the whole 1, 000 persons or more every year. Thirdly, there is little difference between Korea and Japan in the practical application of probationary supervision. However, the measure of probationary supervision in Korea is, for the most part, the concurrent measure, on the contrary, probationary supervision of Japan is an independent measure. Fourthly, there are 11 child education and training homes in Korea. In Japan, they are as many s 57 facilities. Finally, the two countries commit juvenile delinquents to a Reform and Training School. However, there is not a Medical Reformatory in Korea.
- 日本犯罪社会学会の論文