마약류 범죄에 대한 형사법적 대응에 관한 일고찰

Abstract

It is very important to devise preventive actions to prevent narcotic drug crimes. The punishment system taking a heavy penalty system on narcotic drug crimes may achieve an effect at the general preventive level. However, there are some limitations. In addition to criminal law responses to narcotic drug crimes, the preventive actions should be established from the social and cultural aspect. Also, measures for the treatment, and rehabilitation of drug addicts in correctional facilities should be established, and an efficient management policy for drug addicts, who return to society, is necessary. Actually, the effectiveness needs to be ensured. The punishment system on the narcotic drug crimes maintains the basis of severe punishment policy on the use activity, as well as on distribution activity with a differential punishment system by activity type. However, more debate is needed on whether the heavy punishment system on simple use activity of soft narcotic drugs with relatively low addictiveness, risk, or risk possibility, is a proper criminal policy alternative. Under the current system, a punishment on simple use seems to be shifted to treatment-focused policy, rather than punishment. The disposition of treatment system needs to be operated, centered on treatment subjects to the extent that the treatment protection or correction treatment on narcotic drugs offenses can get actual effectiveness, rather than just formality. Namely, the disposition of treatment should be carried out for enough time to induce behavioral change. Also, a procedure to request narcotic drugs offenses to a treatment center from the investigation and prosecution stages seems to be necessary, before proceeding to the procedure in public trial. Meanwhile, the investigation of narcotic drug crimes having the characteristics of organizational crime need an action of special investigation techniques, such as controlled delivery, electronic monitoring, and undercover operation, and the specific enactment of legally applicable provisions is required. UN Agreement and others recommend the establishment of funds securing finances with confiscated illegal property to prevent narcotic drug crimes, and organizational crimes, and also to support crackdown. In consideration of such a recommendation, Korea can consider the adoption of a confiscated assets fund system for the purpose of effective crime control for deprivation of benefits from crimes, and policy enforcement from the preventive dimension including the promotion of law enforcement agency's active work performance and treatment of addicts.