호주의 불법 마약 관련 법과 통제정책:한국과의 간략한 비교

Abstract

This paper provides a comprehensive overview of Australian drug laws, highlighting the evolution of laws from the late 19th century to the present, and comparing them with South Korean drug policies. It begins by exploring the historical context of Australian drug laws, highlighting the shift from minimal intervention in the late 19th century, characterized by the widespread use of drugs like opium and morphine, to more stringent drug control policies in the early 20th century. This change was influenced by international developments and domestic concerns, notably racial prejudices and the rise of international drug conventions. The paper then delves into the legal frameworks governing drug offences in Australia, explaining the interplay of federal and state laws. It outlines the specific provisions and penalties, with an emphasis on the Criminal Code Act 1995(Cth) and the definitions of serious drugs. A detailed examination of drug offences under Federal law is provided, including distribution, production, import-export and possession offences, along with their respective penalties. Furthermore, the paper discusses the enforcement and prosecution of drug laws in Australia, detailing the roles of law enforcement agencies, the prosecution process, and the judiciary's role in interpreting and applying these laws. It also highlights the shift in Australian drug policy towards harm reduction and public health approaches. This section includes case studies of harm reduction initiatives in Australia. A notable aspect of the paper is the comparison between Australian and South Korean drug laws, elucidating their similarities and differences. While both countries adopt a strict stance on illicit drugs and have similar drug classification systems, they differ in their approach to personal use and possession, harm reduction focus, legal status of cannabis, and cultural perceptions of drug use. The paper concludes by emphasizing the complexity of drug legislation and policy in Australia, shaped by international conventions and domestic priorities. It notes that Australian drug laws strike a balance between prohibition, control, and public health, providing valuable insights for international audiences. The paper also recognizes the dynamic nature of Australian drug law, suggesting that its evolution could significantly influence global drug policy, especially with emerging challenges like synthetic drugs and online drug trafficking.