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Chapter III Juvenile Protection
Section II Execution of Protective Measures
Article 50
By ordering a reprimand for a juvenile, the juvenile court shall specify his/her delinquencies, inform him/her of things to comply with in the future, and may order the juvenile to write a repentance letter.
In giving a reprimand, the court shall notify the juvenile’s statutory agent or a person who currently protects the juvenile, and his/her assistant to be present.
Consultation during vacation a juvenile must attend may consist of three (3) to ten (10) sessions, to be prescribed by the juvenile court and conducted by a juvenile protection officer during holidays for individual or group character education, tutoring studies or other homework, and may include labor service in order to cultivate diligence and obedience of the law. A juvenile protection officer may determine the number of sessions depending on the effects of the consultation.
In conducting the consultation during vacation in accordance with the foregoing paragraph, a juvenile court may, taking into account the opinions of a juvenile protection officer, send a juvenile to an appropriate institution, organization or individual, and to place him/her under the instruction of a juvenile protection officer.
Article 51
The juvenile protection officer shall be in charge of the probation of the juvenile; such an officer shall notify the juvenile the matters to comply with, keep in touch with the juvenile, pay attention to his/her activities and provide instructions anytime; a juvenile protection officer shall also advise the juvenile on his/her education, medical care, job search, and improvement of personal circumstances.
When carrying out functions in the foregoing paragraph, the juvenile protection officer shall conduct necessary consultations with the juvenile’s statutory agent or a person who currently protects the juvenile.
The juvenile court may, taking into account opinions of a juvenile protection officer, send a juvenile to an appropriate welfare or cultivation institute, charitable organization, juvenile’s closest relative or other appropriate individuals for probation, and to place him/her under the instruction of a juvenile protection officer.
Article 52
When a juvenile is put under placement counseling or corrective education, the juvenile court, based on classification it made by the nature of delinquencies, the juvenile’s physical or mental conditions, educational levels, and other relevant factors, may send the juvenile to an appropriate welfare or cultivation institution, health care institution, an institution that implements transitional education or other appropriate measures, or a corrective education institution, and to place him/her under the instruction by the juvenile court.
The organization and education program of a corrective education institution shall be stipulated by laws.
Article 53
A probation or corrective education may not be executed for more than three (3) years.
Article 54
Transferred guidance and protective measures may only be executed until a juvenile reaches the age of twenty-one (21).
The central authority for youth and child welfare institutions shall stipulate regulations for the establishment and management of welfare and cultivation institutions executing placement counseling.
Article 55
Where the probation have been executed for more than six (6) months and with good effects, rendering its continuation unnecessary, or upon finding further execution not appropriate based on factual reasons, a juvenile protection officer may file relevant evidence in its application of the juvenile court for waiving the execution of the probation.
Where the execution of probation shows circumstances in the foregoing paragraph, the juvenile, his/her statutory agent, or a person who currently protects the juvenile may petition to the juvenile protection officer to request for an application for waiving the execution of the probation in accordance with the foregoing paragraph; unless the petition is manifestly without good cause, the juvenile protection officer may not refuse the request.
Where a juvenile violates regulations and disobeys instructions for more than two (2) times during the probation and where observation is necessary, a juvenile protection officer may apply to the juvenile court for a ruling of sending the said juvenile to a juvenile detention center for observation for not more than five (5) days.
Where a juvenile seriously violates regulations during the probation period or has been put under observation in accordance with the foregoing paragraph but violates regulations again, and that the probation is obviously ineffective, a juvenile protection officer may apply to the juvenile court for a ruling of revoking the probation order and sending the juvenile to a correction institution for corrective education for the rest of the execution period; where the time remaining is less than six (6) months, the corrective education shall be executed for six (6) months.
Article 55-1
Labor service under the probation shall be ordered for a duration between three (3) and fifty (50) hours; it shall be executed by the juvenile protection officer at a length depending on the effects of its performance.
Article 55-2
The placement counseling in accordance with Article 42, Paragraph 1, Subparagraph 3 shall be ordered for a duration between two (2) months and two (2) years.
Where the execution of the placement counseling in accordance with the foregoing paragraph have been executed for more than two (2) months and with good effects, rendering its continuation unnecessary, or upon finding further execution not appropriate based on factual reasons, a juvenile protection officer, the welfare or cultivation institution, health care institution, institution that implements transitional education or other appropriate measures in charge of the placement counseling, the juvenile, his/her statutory agent, or a person currently protecting the juvenile may file relevant evidence in their application to the juvenile court for waiving the execution of the placement counseling.
Upon the completion of the execution of placement counseling, a juvenile protection officer, the welfare or cultivation institution, health care institution, institution that implements transitional education or other appropriate measures in charge of the placement counseling, the juvenile, his/her statutory agent, or a person currently protecting the juvenile, upon finding the continuation of placement counseling necessary, may apply to the juvenile court for extending the placement counseling by ruling; such an extension may only be made once and its duration may not exceed two (2) years.
Where the execution of placement counseling in Paragraph 1 exceeds two (2) months and where changing of the welfare or cultivation institution, health care institution, institution that implements transitional education or other appropriate measures is necessary, a juvenile protection officer, the juvenile, his/her statutory agent or a person who is currently protecting the juvenile may file relevant evidence and state the reasons in their application to the juvenile court for changing the relevant institutions by ruling.
Where the juvenile seriously violates regulations during the placement counseling or where the juvenile has been pronounced a detention for observation in accordance with Article 55-3 and violates regulations again so that the placement counseling is ineffective, a juvenile protection officer, the welfare or cultivation institution, health care institution, institution that implements transitional education or other appropriate measures in charge of the placement counseling, the juvenile’s statutory agent, or a person currently protecting the juvenile may file relevant evidence and state the reasons in their application to the juvenile court for revoking the placement counseling and sending the juvenile to a correction institution for corrective education for the rest of the execution period; where the time remaining is less than six (6) months, the corrective education shall be executed for six (6) months.
Article 55-3
Where a juvenile refuses to accept a disposition made in accordance with Article 29, Paragraph 1 or Article 42, Paragraph 1, Subparagraphs 1 or 3 without justifiable cause, a juvenile investigation officer, juvenile protection officer, the juvenile’s statutory agent, or a person who is currently protecting the juvenile, the welfare or cultivation institution, health care institution, or an institution that implements transitional education or other appropriate measures may apply to the juvenile court for issuing an advice letter; where the advice is ineffective, the above-mentioned parties may apply to the juvenile court for detaining the juvenile in a juvenile detention center for an observation for not more than five (5) days.
Article 56
Where the corrective education has been executed for more than six (6) months and its continuation is found unnecessary, the juvenile protection officer or the execution authority may file relevant evidence in application to the juvenile court for waiving or suspending its execution by ruling.
Where the execution of corrective education shows circumstances in the foregoing paragraph, the juvenile, his/her statutory agent may petition to the juvenile protection officer to request for an application for waiving the execution of the corrective education in accordance with the foregoing paragraph; unless the petition is manifestly without good cause, the juvenile protection officer may not refuse the request.
Where execution of corrective education is suspended in accordance with Paragraph 1, the juvenile court shall pronounced probation by ruling for the remaining execution period.
Article 55 shall apply mutatis mutandis to probation in the foregoing paragraph; where in accordance with Article 55, Paragraph 4 the execution of corrective education shall continue, the suspended period shall not be counted against the period of execution.
Article 57
A disposition made in accordance with Article 29, Paragraph 1, a disposition made in accordance with Article 42, Paragraph 1, Subparagraph 1, and a disposition of detention for observation made in accordance with Article 55, Paragraph 3 or Article 55-3 shall be executed within 2 years from its pronouncement; the execution shall be exempted if such period lapses.
Where a disposition made in accordance with Article 42, Paragraph 1, Subparagraphs 2, 3, 4 and Paragraph 2 is not executed within 3 years from the day it shall be executed, such a disposition may not be executed unless a juvenile court delivers a ruling of execution.
Article 58
The execution period defined in Article 42, Paragraph 2, Subparagraphs 1 and 2 shall end when the juvenile is cured of abstinence or reaches the age of twenty (20). Where the continuation of the execution is deemed unnecessary, the juvenile court may waive the execution.
Where a disposition made in accordance with the foregoing paragraph is pronounced alongside probation, the two shall be executed in tandem. When such a disposition is pronounced alongside placement counseling or corrective education, such a disposition shall be executed first; where its execution does not affect the placement counseling or corrective education, the multiple dispositions may be executed in tandem.
Where in the case for the execution of a disposition of compulsory eradication or of treatment or, a juvenile court finds it unnecessary to execute protective measures, it may waive the execution of protective measures.
Article 59
The juvenile court may, when necessary, issue the juvenile a notice and\or companion letter, or request relevant institutes for searching assistance in order to execute the disposition of referral, protective measures or detention for observation.
A juvenile protection officer may, if necessary, issue the juvenile a notice to execute protective measures.
Article 21, Paragraphs 3 and 4, Article 22, Paragraph 2 and Articles 23 and 23-1 shall apply mutatis mutandis to the notice, companion letter and written request for searching assistance in the two foregoing paragraphs.
Article 60
After a pronouncement of protective measures by the juvenile court is finalized, the court may order the juvenile or the guardian of the juvenile to bear part or all of the education cost for executing the protective measures, taking into account the financial conditions of the juvenile himself/herself and of persons who are responsible for supporting the juvenile; where the relevant persons cannot afford the costs concerned, such persons shall be exempted from bearing the cost.
The ruling made in accordance with the foregoing paragraph may constitute a title for civil compulsory enforcement. The juvenile court shall request the civil compulsory enforcement division of the district court to carry out execution with execution fees exempted.