Juvenile Law

[Decision Not to Commence Hearing] A Juvenile Delinquency Transfer Case Closed Without Trial

[Decision Not to Commence Hearing] A Juvenile Delinquency Transfer Case Closed Without Trial

  1. The Client's Crisis

A child who had been an honor student temporarily went off track during adolescence, associating with delinquent youths. Under the parents' strict discipline, the child pushed back, and conflicts at home kept recurring. The mother, trying to resolve the situation, did not fully understand the meaning of the notification system and reported it to the police, resulting in the child being referred as a delinquency-risk juvenile. Although they tried to withdraw the report, it was not possible, and with the child facing the risk of a juvenile trial, they came to the law firm Jonjae.

  1. Key Issue

Because the referral as a delinquency-risk juvenile had already been completed, we had to obtain a decision not to commence review, one that would keep the court from opening a trial at all. This decision is extremely rare in practice, and it was a highly difficult case that required persuasive proof that the student's misconduct was only a temporary deviation and that family relationships could be restored.

  1. Jonjae's Strategy

Attorney Shin Mi-jin met with both the student and the parents, then designed the defense theory after a Juvenile Law Center meeting. She carefully drafted and submitted to the court written materials explaining the student's sincere remorse, that this was a temporary period of wandering rather than long-term delinquency, that the parents did not know the legal meaning of the notification, and that the entire family wanted to restore their relationship.

  1. Outcome and Recovery

The court accepted the Jonjae Juvenile Law Center's arguments and issued a decision not to commence review. It was an extremely rare result in practice, with the case closed without even opening a hearing. The client's family was able to move beyond the legal burden and focus on restoring their relationship.


Responsible Attorney: Attorney Shin Mi-jin (Extensive experience handling juvenile protection cases)

This case has been partially de-identified to protect the client's confidentiality, within a scope that does not undermine the essence of the case.

Attorney in charge

Other cases

Back to top