Under the juvenile justice system in Korea, juveniles under the age of 14 are presumed to be without criminal capacity. No one under 16 years old when he/she committed a crime could be subjected to capital punishment or life imprisonment. Indeterminate sentences not exceeding maximum 10 years and minimum 5 years and mitigation of sentence on the basis of juvenile characters are available for juvenile offenders. Pretrial detention should be restricted to unavoidable cases and juvenile detainees are separated from adult detainees. Public defenders could be appointed to juvenile defendants. Fine should be excluded from penalties for juvenile offenders. Parole is widely granted to juvenile prisoners. Prior record of juvenile offenses should be shut down after serving imprisonments with regard to qualification. And status offences should be abolished from juvenile court jurisdictions. The subjects of protection cases should be determined by the age of committing delinquencies. The right to counsel and the evidence rule should be guaranteed in the protection proceedings.
Most crimes against children or juveniles are punished with enhanced sentences. Juvenile victims are equal with adults in the light of having rights to put their assaulters to criminal punishments and get compensations from victimization. Some rights of juvenile victims could be exercised by their guardian's own discretion for the benefit of juveniles. When juvenile victims are to give witness, the burdens should be minimized and the measures for conveniency should be maximized to juvenile witnesses.