이주배경 청소년의 소외와 일탈 - 소년비행 예방을 위한 법제도적 개선방안 연구 -

초록

This study aims to analyze the structural exclusion and deviant behavior of migrant-background youth in South Korea and propose institutional and legal reforms to prevent juvenile delinquency. These youths, often marginalized due to barriers in language, culture, legal status, and access to education, are at increased risk of school failure, social isolation, and eventual delinquency. Drawing on theories of social exclusion, identity confusion, and structural discrimination, the study provides a theoretical framework for understanding these dynamics. It also examines domestic statistics and real-world case studies to highlight policy gaps. Through comparative legal analysis of systems in the United States, France, and Germany, the paper identifies the limitations of Korea’s current legal framework and emphasizes the need for preventive and integrative policy measures. Key legislative recommendations include legally defining “migrant-background youth,” establishing an integrated legal system for prevention, mandating inter-ministerial cooperation, institutionalizing early intervention for newly arrived youth, and enacting anti-discrimination legislation. Recognizing these youths not as potential risks but as rightful rights holders is essential to achieving both legal protection and substantive social integration in a democratic society.

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