말레이시아의 소년사법제도에 대한 고찰 = A Study on the Juvenile Justice System of Malaysia

다국어 초록 (Multilingual Abstract)

Malaysia has faced with adolescent violence and drug abuse, which have become serious social issues. Although Malaysia has English law background, he reformed juvenile justice system early 2000s. Malaysia runs a juvenile court system, in which the juvenile law is a ``Child Act`` and juvenile cases are dealt with in Court for Children equal to Magistrate``s Court. The Court for Children covers children who have committed a crime. One magistrate presides a trial and makes a decision between criminal punishment and protective treatments based on special provisions for juvenile protection. In the Child Act, the juvenile protection institutions include Places of Safety, Places of Refuge, Places of Detention, Probation Hostel, Approved School and Henry Gurney School. What is noteworthy with it is that juveniles can be transferred from a juvenile protection institution to another, from a juvenile protection institution to prison, or from prison to a juvenile protection institution to receive measures from different agencies. In addition, there is social treatment, in which social welfare workers perform a probation order. Menawhile, the Child Act is the basic act for juvenile protection, thus it contains provisions that highlight the responsibility and duty of parents for children``s sound upbringing. The juvenile law of Malaysia differs from that of Korea in terms of the roles of the prosecutors and the kinds of measures. At the same time, the Child Act is similar to the Juvenile Law of Korea in that it focus on children``s protection, sound upbringing and development rather than punishment, and also emphasize the responsibility and duty of parent, being truthful to the ideology of juvenile protection. Malaysian Juvenile justice system is also very different from that of Korea in that it runs juvenile court, and connect and execute punishment and protective treatments without distinguishing them strictly.