Treatment and Custody Infrastructure Is More Important Than Harsh Punishment for Drug Offenses [News Inside 2]
Lenient Punishments Persist
1,826 Drug Courts in the United States
Japan Supports Group Therapy in Prisons
There are multiple factors behind South Korea, once considered a drug-free nation, now being exposed to the threat of drugs. One of these factors is the inadequacy of punishment, as well as shortcomings in preventive and treatment systems.
According to the Supreme Prosecutors' Office, in 2023, 2,446 people received suspended sentences in the first trial for drug-related offenses, accounting for 40.6% of the total. Seventeen people were fined. In contrast, among those given prison sentences, 8.3% were sentenced to less than one year, 30.7% to between one and three years, 10.6% to between three and seven years, and 2.5% to between seven and ten years.
The majority of drug offenders are cases of simple use or possession. This suggests that severe punishment alone is not the answer. The current system is structured so that only repeat offenders serve actual prison time. However, since July of last year, the Sentencing Commission of the Supreme Court has implemented stricter sentencing guidelines for drug offenses. These guidelines include raising the level of punishment for simple possession of cannabis, among others. In particular, selling drugs to minors can result in a maximum sentence of life imprisonment. Bae Sangkyun, Associate Research Fellow at the Korea Institute of Criminology and Justice, stated, "In cases such as simple drug use, these are fundamentally self-harm crimes that do not harm others," and added, "I believe that stronger punishment should be imposed on criminals who act as mid-level dealers or kingpins."
If severe punishment is not the solution, there must be institutional support to help these individuals escape the temptation of drugs. Courts can issue treatment and custody orders, requiring drug offenders sentenced to prison to complete treatment programs. However, there is only one treatment and custody facility in South Korea, located in Gongju, South Chungcheong Province. Of the 791 offenders housed in the treatment and custody facility in 2023, only 29 (3.7%) received addiction treatment. This is because the facility's capacity is limited, and priority is often given to those with mental illnesses.
In the United States, there are 1,826 drug courts that, instead of standard criminal proceedings, require drug offenders to undergo treatment under court supervision. The courts comprehensively oversee the treatment programs of drug courts and regularly check compliance. Each year, more than 150,000 drug offenders receive treatment through these programs.
Japan also operates the DARC (Drug Addiction Rehabilitation Center) program in more than 80 prisons. DARC is a self-help group run by private drug addiction rehabilitation centers, where drug addicts share their experiences and motivate each other. Even within prisons, such group therapy supports inmates' reintegration into society after release.
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Kim Eunjeong, a researcher at the National Assembly Research Service, stated, "The government must provide opportunities for treatment and rehabilitation for drug-related issues," and added, "Infrastructure should be established so that drug addiction can be treated continuously in hospitals, just like other chronic diseases."
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