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The Juvenile Act is based on juvenile protectionism by being stated that it aims to help that juveniles grow soundly by doing necessary measures such as protective measures to adjust the environmental adjustment and correct behavior of juvenile offenders with anti-social behavior as well as special measures of criminal punishment on Article 1 of the Act. In addition, the Act establishes the role and function of government through the ‘Parens patriae(parent patriot)’ for juveniles in order to avoid treating them as adults in the criminal punishment. The reason why this ideological value is contanined in the Juvenile Act is because juveniles are less physically and mentally mature than adults and can quickly reflect on individual wrongdoings. In particular, the Juvenile Act, since its enactment in 1958, has been amended four times in 1963, 1977, 1988, and 2007 to resolve the substantive and procedural problems in the Act under the goal of having juvenile offenders go back to society through the edification and correction. However, it is also true that juvenile crimes and violent crimes are not decreasing, and that they tend to become more ferocious and cruel, even compared to adult crimes. As a result, this is also the reason of being claimed for the abolition of the Juvenile Act and lowering the age of juvenile protection in the Act. However, those claims cannot be the only way to solve juvenile crimes and violent crimes. Therefore, within the basic framework of juvenile protectionism contained in the Juvenile Act, measures must be prepared to solve juvenile crimes and violent crimes. This point of view, this study aims to find the solutions of the problems to juvenile protective disposition which has the normative and factual issues. In particular, it will find the meaning and value of disposal No. 6 that is protection disposition, entrusting custody to a child welfare facility or other juvenile protection facility under the Child Welfare Act, and the problems with disposal No. 6 in the Juvenile Act, furthemore, it will focus on presenting political measures to reduce the problems of disposal No. 6 in the Act Juveniles must not simply be objects of punishment or stigma. Government has to establish institutional system in other that juveniles can grow properly as citizens of the country. This institutional system should be able to make juvenile protection measures fulfill its role through human and financial support for preventing second conviction of juvenile offenders.
Ho‐Hyun Park (Sun,) studied this question.