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Presentation of opinions on `bill draft on amendment to the Enforcement Decree of the Act on the Lapse of Criminal Sentences' [2003] KRNHRC 30 (10 March 2003)

On December 5, 2002, the `Act on the Lapse of Criminal Sentences' was
revised and was to go into effect on March 6, 2003. In follow up, the Ministry
of Justice drafted a bill on the amendment to the `Enforcement Decree of the
Act on the Lapse of Criminal Sentences (hereinafter referred to as Bill Draft on
Amendment) and made advance notification of its legislation on February 6,2003.
The Commission found that there might be potential for human rights violations
given that those provisions, such as those concerning criminal records for lapse
sentences, of the Act and Bill Draft on Amendment, did not give any consideration
to juvenile offenders. The Commission started examining the Bill Draft on Amendment.
The provisions on the scope of `crime record material' of the `Act on the
Lapse of Criminal Sentences' revised in December of 2002 do not stipulate
rules on juveniles. The Bill Draft on Amendment needed to consider the
`Juvenile Act,' the intent of which is to prevent any undue social hindrance to
juveniles in their adult lives. In particular, paragraph 5, Article 32 of the
Juvenile Act stipulates that `protective reformatory punishment shall not exert
any influence on the future personal affairs of the juvenile,' and paragraph 1,
Article 70 of the same law stipulates that `Organs related to protection of
juvenile offenders shall not respond to any inquires regarding the juvenile
incident, except when needed for trial, investigation, and military purposes.'
The Commission decided that the intent of the provisions of the Juvenile Act
should be incorporated in the Bill Draft on Amendment.

In Germany, the Federal Central Register, an organ which records judgments of conviction and
other statistics, sets the required period for keeping crime records of juveniles
much shorter than for adults. Given the cases of other countries, inquiries into
juvenile offenses should be strictly restricted.
On March 10, 2003, the Commission recommended the Ministry of Justice
that separate provisions on inquires and responses to inquiries into the
probation of juvenile offenders be established, given the intent of provisions of
paragraph 5, Article 32 and paragraph 1, Article 70 of the Juvenile Act, which
stipulates protection of juveniles, and because juvenile crime should not be
treated as severely as adult crimes. The Ministry of Justice accepted the opinion
of the Commission and notified the Commission that it would include
provisions concerning restrictions on inquiry and answers about the probation
of juvenile offenders in Article 7 of the Bill Draft on Amendment.