소년에 대한 즉결심판청구에 대한 소고

초록

This study examines the appropriateness of applying summary judgment proceedings to juvenile offenders within the Korean juvenile justice systems. Although summary judgments offer certain advantages – such as procedural expediency and non-creation of criminal records - their use in juvenile cases raises concerns about consistency with the foundational principles of juvenile justice, particularly the protection, education, and individualized treatment of young offenders. Drawing on statutory analysis, institutional practices, and a survey conducted among judges experienced in juvenile criminal divisions, this study identifies several structural and procedural shortcomings. These include the incompatibility of public summary hearings with the confidentiality principle governing juvenile proceedings, the unclear relationship between police-operated diversion programs and court-ordered protective measures, and the lack of an integrated information-sharing system among police, prosecutors, and courts. Such deficiencies undermine both the protective purpose of juvenile justice and the ability to provide timely and appropriate interventions. The findings indicate that while summary judgments may be suitable for a certain category of juvenile cases, their uncritical or expansive use risks weakening the coherence of the juvenile justice framework. Accordingly, this study proposes several reform measures: establishing clear criteria for when summary judgments may be sought, introducing juvenile-specific safeguards within the Summary Judgment Act, and strengthening inter-agency cooperation and information sharing. Ultimately, any use of summary judgment proceedings against juveniles must be carefully aligned with the core values of the Juvenile Act—minimizing stigma, securing procedural fairness, and promoting the best interests of the child.

키워드