Study on Protection of Human Rights of ‘Youth with Migration Backgrounds’ in Juvenile Justice Procedures

This study aims to examine the difficulties experienced by youth with migration backgrounds who are involved in the juvenile justice system and propose measures to enhance human rights protection.<br/> First, the study sought to define the concept of youth with migration backgrounds in the context of juvenile justice procedures. Next, relevant legal systems and legislation in major foreign countries were reviewed. Subsequently, surveys and in-depth interviews were conducted with juvenile justice practitioners and experts, including Ministry of Justice officials, police officers, judges, and lawyers. Concurrently, in-depth interviews were held with youth with migration backgrounds who were either currently detained in juvenile reformatories or had prior experience with the juvenile justice process.<br/> Based on the findings, the researchers proposed the following solutions. First, regarding the investigation stage, it is proposed that a legal framework be established to allow for the early intervention of public defenders. Furthermore, the study suggests enhancing the professional competency of interpreters and revitalizing the judicial interpretation system. Next, for the adjudication stage, the provision of a checklist for judges to ensure compliance with necessary protocols is recommended. For the correctional and protective disposition stages, it is suggested that educational content provided before and after admission to detention facilities be delivered using video materials or Virtual Reality (VR) tools to improve comprehension. Additionally, the establishment and implementation of correctional policies grounded in multiculturalism are emphasized. Finally, measures to enhance the professional capabilities of probation officers are proposed.<br/> In conclusion, measures are also presented to protect the human rights of youth with migration backgrounds when they participate in the juvenile justice process as victims. Specifically, recommendations include strengthening interpretation support and assistance with statements for youth requiring linguistic aid, as well as providing information to victims and reinforcing their right to procedural participation.<br/> It is hoped that this study will stimulate further discussion, ultimately leading to the establishment of a fair and human rights-friendly juvenile justice system for youth with migration backgrounds.