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예선논제에 대한 명확한 설명을 부탁드립니다.
No. 46 작성일 : 18.07.25 조회수 1529

예선 진출하게 된 팀입니다. 공지된 예선 논제는 <소년법에 적용되는 법적 연령을 낮춰야 한다.>인 것으로 알고 있습니다. 처음에 논제를 받고, 소년법이라는 것이 참 많은 조항을 두고 있는 법인데, 19세 기준을 염두에 둬야 하는 것인지, 10세 기준을 염두에 둬야 하는 것인지 명확하지 않아 당혹스러웠습니다. 특히 이 논제의 핵심 쟁점이 되는 14세 기준의 경우, 적용 연령을 낮추는 것이 소년법 적용 법적 연령과는 아무런 상관이 없기 때문에 더 당혹스러웠습니다. (기준연령을 14세로 낮추든 낮추지 않든 12-14는 모두 소년법이 적용되는 법적 연령이기 때문입니다.)

 

그래서 전화로 문의를 드렸습니다. 당시 제가 처음 받은 답변은 '하한선'을 낮춘다는 말씀이었는데, 어떤 하한선인지 애매하여 다시 질문 드렸습니다. 범죄소년(14-19)의 하한선이라는 답변을 듣고, 14세 기준을 신경쓰면 되는 것이라는 확인을 받았습니다. 14세 기준의 조정은 소년법이 적용되는 법적 연령의 차이를 만들어내지 않기는 하지만, 주최측의 논제 제시 의도라고 생각하고 받아들인 후 준비에 임했습니다. 제출 서류에서도 14세 기준연령 논의에 대한 논점만을 다뤘습니다.

 

그런데 추후에 논제 질문 게시글의 답변을 보니 정확한 기준은 정해져 있지 않고 소년법의 범위를 넓히고 강화한다는 것이 중심이 되는 논제라는 답글이 달려 있었습니다. 나이가 중심이 아니고, 범위가 넓어져야 할지를 중점으로 둬야 한다는 내용도 덧붙여져 있었습니다. 

 

그렇다면 14세 기준을 하향조정하고 10, 19세 기준은 현행 유지하자는 주장은 범위가 넓어진다고 봐야 하는 것입니까, 좁아진다고 봐야 하는 것입니까? 10세, 14세, 19세 기준을 조정하자는 주장은 쟁점과 함의는 각각 다릅니다. 10세 기준은 주로 신체적 발육이 빨라졌다는 점에서 이들에게도 보호조치가 필요하느냐가 쟁점이 되고, 14세 기준은 주로 신체적 정신적 발육이 빨라지고 범죄수준이 심각해졌다는 점에서 이들에게도 형사처벌이 가능해야 하지 않느냐가 쟁점이 된다면, 19세 기준은 주로 이들을 '소년'으로 볼 수 있느냐 더 이상 그렇지 않느냐가 쟁점이 됩니다. 각각은 개별 사안이기 때문에 가짓수로는 8개의 주장이 가능해지는 셈입니다.

 

소년법의 범위를 넓히고 강화한다는 주장은 너무 애매모호합니다. 주장을 하고 근거를 들고, 반박을 하고 반박의 근거를 들어야 하는 입장에서는 항상 구체적으로 제시할 수밖에 없는데, 나이를 중심으로 하지 않을 수 없습니다. 특히 이 논제에서 나이는 단순한 수치가 아니라 다뤄지는 논의의 성격을 규정하는 것이기 때문에 정확한 기준을 꼭 제시해주셔야 한다고 생각합니다. 

 

"10, 19세가 아니라 14세 기준만을 따지도록 한다"는 식으로 명확하게 제시해주셔서 토론 당일에의 혼선을 예방해주시기를 꼭 부탁드립니다.

댓글 : 2604개
  • 작성자  2018/07/25 20:10

    또한, 만약 19세 연령기준 또한 논의에 포함된다고 하면, 반대측에서는 19세 기준 또한 낮춰서는 안 된다고 주장해야 하는 것인지 궁금합니다.

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