Independent Confiscation System and Drug Agency Must Be Established Swiftly [News Inside 6 - End]

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Criminal Proceeds Should Be Recovered
Without Prosecution or Conviction
For Substantial Compensation to Victims

As drug-related crimes surge and drug organizations grow larger, there is increasing criticism that investigative agencies need to fundamentally change their response strategies. Proposals have been made to introduce an "independent confiscation system" for reclaiming criminal proceeds and to establish a dedicated Drug Agency (tentative name) as a control tower for drug response. However, there has been no progress on these fronts.

The independent confiscation system is a policy that allows authorities to reclaim criminal proceeds even without a conviction. Under current law, confiscation is a type of criminal punishment that can only be enforced after the defendant is found guilty. As a result, if the defendant dies or flees overseas, it becomes repeatedly difficult to recover criminal proceeds. There have also been limitations in confiscating criminal proceeds in cases such as digital sex crimes.

Major countries such as the United States, Australia, and Germany operate similar systems. If the independent confiscation system is introduced, it would allow authorities to recover criminal proceeds regardless of prosecution, enabling more substantial compensation for victims. Prosecutor General Sim Woojeong stated at last year's National Assembly audit that "an independent confiscation system is necessary to allow the recovery of criminal proceeds even when prosecution is difficult," emphasizing the need for its adoption.

The Supreme Prosecutors' Office held a joint seminar with relevant academic societies in 2020 to discuss the introduction of the independent confiscation system and began working with the Ministry of Justice to push for legislation. However, concerns that the system could conflict with the constitutional principle of presumption of innocence have stalled further progress.

The establishment of a Drug Agency has long been a goal for investigative agencies. Currently, issues related to drug investigation, management, and rehabilitation are dispersed across multiple ministries and agencies. The prosecution, police, Coast Guard, Ministry of Food and Drug Safety, and Ministry of Health and Welfare all respond independently, but there are clear limitations. As a result, a Drug Agency modeled after the United States Drug Enforcement Administration (DEA) has been discussed. In 2022, a bill to establish the Drug Agency was proposed as an amendment to the Government Organization Act, but it has stalled due to budgetary and inter-ministerial authority adjustment issues.

Experts point out that introducing the independent confiscation system would be effective in eliminating the motivation for crime, but that procedural safeguards must be strengthened to protect human rights. Regarding the Drug Agency, many argue that without a pan-governmental control tower, the current ministry-by-ministry approach has clear limitations, highlighting the need for its establishment.

This content was produced with the assistance of AI translation services.