베트남 소년사법제도에 관한 일고찰

• Published in: 소년보호연구 Vol. 32; no. 2; pp. 137 - 169
• Main Authors: 배상균, Bae Sangkyun
• Format: Journal Article
• Language: Korean
• Published: 한국소년정책학회 31.12.2019
• Subjects: A Family and Juvenile Court; Human Rights Protection; The 2013 Constitution; Vietnam Criminal Procedure; Vietnam Juvenile Offenses; Vietnam Penal Law; 가정·소년법원; 법학; 베트남 소년범죄; 베트남 소년사법체계; 베트남 형법; 베트남 형사소송법
• ISSN: 1598-8163; 2734-0414
• DOI: 10.35930/KJPR.32.2.5

Currently there is no juvenile law like ours in Vietnam, but special procedures for juveniles are defined in the Criminal Procedure Law and the Criminal Code to take the role of juvenile law. The 2013 Constitution was one of its features, which further strengthened the provision of human rights protection. Based on the intention of such a constitutional amendment, the Vietnamese Penal Code was also greatly revised in 2015 in terms of human rights protection. The main provisions on the treatment of juvenile offenders have been revised, including amendments to the extent of exemption from jurisdiction of juvenile responsibilities, enhancement of follow-up measures when exempt from guilty responsibilities, and diversification of juvenile punishment. Next, the amendments to the Criminal Procedure Act of 2015 were revised to include more detailed contents of the provisions of Article 419, such as detention measures, to reflect the above-mentioned amendments to the Penal Law. It also led to the establishment of more specialized courts for the rapidly increasing juvenile offenses, resulting in a significant improvement in judging system for juvenile offenses. It is true that Vietnam has just begun the establishment of a family and juvenile court, and it is true a shortage is seen too. However, it is also true that future development is expected becausea a priority goal is to establish a juvenile court and establish human and physical infrastructure.