Written by Attorney Soobin You, a former prosecutor licensed in Korea, handling juvenile and criminal cases with consultations available in English.
Quick answer: In Korea, a child under 14 (a 촉법소년) cannot be criminally punished, but from age 10 can still be referred to the juvenile division of the court. Even there, a case can end in a decision not to open a hearing (심리불개시결정), meaning no protective disposition and no hearing at all. In one case involving an indecent assault allegation against a child, that is exactly what happened, an outcome even better than an acquittal in an adult case.
For foreign families raising children in Korea, few things are more frightening than a child being accused of a crime, especially a sensitive one, in an unfamiliar legal system. But early, careful handling can change everything. Here is how one such case was resolved, from a Korean English-speaking lawyer’s perspective.
How the juvenile system treats young children
A child under 14 who is at least 10 years old is not subject to criminal punishment, but can be referred to the juvenile division of the court. Because indecent assault is a sensitive offense, investigators approach these cases with particular seriousness, which means the early response strategy often determines the direction and the result. If your child is caught up in a juvenile matter, seeking legal help at the earliest stage is critical.
The case background
This case involved a child under 14 who was investigated on an allegation of indecent assault. Investigators had not captured the act itself, but based their referral to the juvenile division on circumstantial evidence, footage of the child moving away from the scene, an image of the child holding the other party’s belongings, and statements from nearby witnesses.
The client and the child’s guardians consistently maintained the child’s innocence, and on meeting the child directly, it was clear the child was strongly asserting that this was a misunderstanding. We took the case on immediately and began a fast, precise response.
The defense strategy
What we focused on most was the reliability of the circumstantial evidence and the problems in how the suspect was identified.
Challenging the identification process. The witness accounts were not specific, and there were procedural flaws in how the child was identified as the person responsible.
Attacking the credibility of the circumstantial evidence. CCTV footage alone could not establish that an indecent assault had occurred, and we clearly set out the inconsistencies between the complainant’s account and the objective evidence.
Submitting alibi materials. We proved, through an academy enrollment certificate and class schedule, that the child had a different commitment during the relevant time.
Simulation and attendance at questioning. Before the police interview, we conducted a mock interview so the child could give a consistent account without becoming flustered, and attended the interview to represent the child’s position clearly and logically.
The result: no hearing opened
The juvenile division, after reviewing the case as a whole, concluded that there was no need to open a hearing at all, and issued a decision not to open a hearing (심리불개시결정). This ends the case without any protective disposition or hearing. In adult terms, it can be considered an even better outcome than an acquittal. The child received no disposition of any kind, and was freed from the psychological burden entirely.
Why the early response is decisive in juvenile cases
Juvenile cases, especially sensitive ones like indecent assault allegations, have a particular danger: a child’s account can waver under stress, and investigators’ initial impressions can harden early. The single most important point is that only a systematic response from the very beginning produces the best result.
A juvenile matter is not merely a one-time mistake. It can shape a young person’s path and future. If your child has been wrongly caught up in an allegation, do not carry it alone. Early, structured legal support is what protects a child’s future.
For a family, the first question is usually procedural rather than legal: what happens next, and who decides. That is set out in our guide to the investigation stage.
Frequently Asked Questions
Q: Can a child under 14 be punished for a crime in Korea?
A: A child under 14 cannot be criminally punished, but from age 10 can be referred to the juvenile division of the court. There, outcomes range from protective dispositions to a decision not to open a hearing at all.
Q: What is a decision not to open a hearing (심리불개시결정)?
A: It is a decision by the juvenile court that there is no need to hold a hearing. The case ends without any protective disposition or hearing, which in adult terms can be seen as an even better outcome than an acquittal.
Q: How do you defend a juvenile case based on circumstantial evidence?
A: By challenging the reliability of the circumstantial evidence and the identification process, exposing inconsistencies between the account and objective evidence, submitting alibi materials, and preparing the child to give a consistent account.
Q: Why does the early stage matter so much for children?
A: Because a child’s account can waver under stress, and investigators’ impressions can harden early. A systematic response from the start is what gives the best chance of a favorable outcome.
Q: Can foreign families get help in English with a juvenile case in Korea?
A: Yes. A Korean English-speaking lawyer can take the family’s account in English and handle the case from the investigation through the juvenile proceedings, where early strategy can determine a child’s future.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. This is a sensitive legal area. Consult a licensed attorney about your situation.
Is your child facing an allegation in Korea? YUSU Lawfirm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney familiar with international families, provides English-language support from the earliest stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.