마약류범죄에 대한 형사정책적 대응방안

Abstract

Until recently, Korea was a self-recognized “drug-free country”. In terms of criminal policy, drug crimes were severely punished, and citizens' awareness of drugs was very high. However, now, drugs have begun to spread rapidly to various classes and age groups, and it is not difficult to purchase drugs through the Internet. As a result, the police and prosecutors have been working to improve their organizations to deal with drug crimes, to deal strictly with drug offenders, to increase the sentences for drug crimes, and to block the ways in which citizens can easily access drugs through the Internet and the medical system. Of course, attention is also being paid to the treatment and rehabilitation of drug users, but strict criminal punishment for drug offenders is still the main focus. Under such circumstances, this paper examines criminal policy responses to drug offenses from the perspectives of the drug offense punishment regulation system, treatment and supervision system, and sentencing standards.
 As a result, first, it is necessary to strengthen the drug crime-related regulations stipulated in the Criminal Code, centering on the Narcotics Control Act, and amend the Criminal Code to manage the criminal punishment regulations such as the Narcotics Control Act in the criminal law system. Second, there are various diversions in the criminal procedure for the treatment and rehabilitation of simple drug users. However, given the highly addictive nature of drugs and the high recidivism rate, the therapeutic custody system should be utilized more actively. And thirdly, we are currently working on raising the sentencing standards for drug crimes, but rather than raising the sentencing standards for all drug crimes, it is necessary to raise the sentencing standards for organized drug crimes and drug crimes targeting youth, etc. Until now, there has been insufficient criminal policy research on drug offenses in academia due to the illusions of the NDRC. I hope that from now on, there will be more active discussions in the academic field about criminal policy responses to drug offenses.