Criminal Case - General (Disposition of subparagraphs 1 and 4) | Destruction and Damage of Property- Seoul Family Court 2022Pu***

01. Case Summary

The protected juvenile was a foreign national from India, who not only refused to follow the instructions of the guardians from online addiction,

but also demanded for money to the guardians. However when the guardians did not accept the demand, he repeated acts of violence.

Also the protected juvenile opposed to his parents who tried to restrict online use, got angry and threw objects in the air.

His parents persuaded and tried to stop him however, when the situation did not come to an end, his parents reported to police.

02. Applicable Provisions

Article 366 of the Criminal Act (Destruction and Damage of Property) A person who, by destroying, damaging, or concealing another's property document or special media records, such as electromagnetic records, etc.,

or by any other means, reduces their utility, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won.

Article 32 of the Juvenile Act (Decision of Protective Detention of Juvenile) ① Where it is deemed necessary to order protective detention of a juvenile as a result of a trial,

the judge of the competent Juvenile Department shall, by means of a ruling, make disposition falling under any of the following subparagraphs. <Amended 2020. 10. 20.>

1. To consign a juvenile concerned of the care and custody of his/her guardian or any person who can provide protection for the juvenile in substitution for the guardian;

2. To issue an order to attend a lecture;

3. To issue a community service order;

4. To place a juvenile concerned under the short-term probation of a probation officer;

5. To place a juvenile concerned under the long-term probation of a probation officer;

6. To entrust a juvenile concerned for the care and custody to a child welfare institution under the Child Welfare Act or other juvenile protection institution;

7. To entrust a juvenile concerned to a hospital, a sanatorium or a juvenile medical care and protection institution under the Act on the Treatment of Protected Juveniles, Etc.;

8. To transfer a juvenile to the Juvenile Reformatory within one month;

9. To transfer a juvenile to the Juvenile Reformatory for a short-term; and

10. To transfer a juvenile to the Juvenile Reformatory for a long-term.

03. Assistance of Counsel

When the parents of the protected juvenile had came to see the counsel (the guardian of the protected juvenile),

they expressed that they did not want for heavy punishment on the protected juvenile when they reported to police,

and also told that they now want the juvenile to come back to his home, as he was taught much to behave the right way after the incident.

The protected juvenile and his parents are foreign nationals from India, and could not speak Korean at all. The counsel communicated with them in English, which was a common language.

The counsel had kept in touch with the parents and advised on writing ‘Rearing Plans’ which shows the parents’ will and capability to protect the protected juvenile,

then submitted the Rearing Plans in English written by the parents and its Korean translation.

Also, the counsel put together the details (reflection of protected juvenile and the counsel’s impression) from

the interview – when meeting with the protected juvenile in Juvenile Classification Review Center – on the opinion letter and submitted it.

Moreover, the counsel had written and submitted the assistant’s written opinion requesting for ordering disposition of short-term probation to

which the protected juvenile can go back to home under consignment of the guardian, as well as various requests on legal terms.

Also, the protected juvenile had written a letter of apology himself under the counsel’s guidance,

and the counsel submitted the letter of apology in English and its Korean translation to the court.

04. Result

As a result, the court placed the juvenile under disposition of subparagraph 1 (care and custody of his/her guardian etc.) and subparagraph 4 (short-term probation),

as stated on assistant’s written opinion of the counsel. In other words, the case could be concluded with the most essential disposition to the client in reality,

as care and custody of his/her guardian, rather than the Juvenile Reformatory.

05. Significance of the result

The protected juvenile and his parents did not speak Korean nor could understand all sorts of documents delivered from the court.

They also were not familiar with proceedings of Korean Family Court at all. On this, the counsel advised on necessary procedures communicating with his parents in English.

Meanwhile, the protected juvenile had caused a disturbance in the courtroom before, as well as had shown attitudes of not following his parents’ discipline,

to which the situation was not favorable when the parents of the protected juvenile came to see the counsel.

However the counsel stressed that the protected juvenile had changed and that his parent have will and

capability to guide the protected juvenile with various reference, and were able to draw a good outcome in the end.

< Defense Counsel>

Attorneys Seung-woo LEE, Da-som PARK