Minors tried in criminal courts show recidivism rates similar to those who are not

An illustration depicts the justice system. (Park Ji-young/The Korea Herald)
An illustration depicts the justice system. (Park Ji-young/The Korea Herald)

Responding to juvenile offenses through criminal trials may not be more effective in preventing repeat violence than noncriminal measures, a study by South Korean researchers showed Monday.

The study, led by Kim Byung-bae, a professor of criminal psychology at Kyonggi University, compared recidivism rates between two groups of minors: those who received protective measures through criminal courts and those who were subject to noncriminal measures at family courts.

Protective measures refer to corrective actions imposed on offenders under 19 without leaving a criminal record. Under South Korean law, individuals under 19 are classified as minors, with those aged 14 to 19 eligible for criminal trials, though typically subject to more lenient punishment than adults.

Initial findings showed that 24.4 percent of minors who received noncriminal protective measures reoffended, compared to 29.9 percent of those who underwent criminal trials.

To control for differences in age, gender, type of offense and prior records, researchers matched comparable individuals from both groups, narrowing the sample to 776 subjects.

In the adjusted comparison, the recidivism rate stood at 29.5 percent for the criminal trial group and 32.5 percent for the noncriminal-trial group — a difference that was not statistically significant, the study found.

“Protective measures imposed through criminal trials do not show a clear advantage over corrective measures handled by family courts,” Kim said. “Recidivism appears to be more closely linked to the individual’s risk level and how the measures are implemented, rather than the legal process itself.”

Tweaking protective measures a better option

A key factor in the effectiveness of protective measures was how frequently probation officers visited and supervised juvenile offenders, Kim said.

The report found that subjecting teens to the same criminal trial process as adults has not been proven effective in reducing crime. It advised policymakers to focus less on how young offenders are punished and more on how corrective measures are carried out. This includes closer supervision through frequent visits and structured interventions designed to address antisocial behavior, impulse control and problem-solving skills.

Korea has seen a rise in juvenile crime, with cases reaching 50,848 in 2024, up from 38,590 in 2020, according to the Supreme Court.

The trend has fueled debate over whether to lower the age of criminal responsibility from 14 to 13.

However, some studies in South Korea and abroad suggest that punishing youth like adults may be counterproductive.

A study titled “The Future of Youth Justice: A Community-based Alternative to the Youth Prison Model,” published by Harvard Kennedy School’s Program in Criminal Justice Policy and Management and the US National Institute of Justice, found that youth prison systems centered on confinement and control can worsen trauma while failing to improve public safety.

The report argued that rehabilitation programs are most effective when youth offenders remain in their home communities, recommending a shift away from large detention centers toward smaller, community-based facilities.


minsikyoon@heraldcorp.com