Can a Drug Beverage Part-Time Worker Be Punished? ... Importance of Proving Prior Awareness

The issue of whether to punish the four part-time workers involved in the 'drug beverage' incident that occurred on the 3rd in the academy district of Gangnam-gu, Seoul, is emerging as a key point in the investigation. The Gangnam Police Station in Seoul has currently booked four male and female part-time workers in their 20s to 40s without detention, who encouraged students to try the drug beverage. On the afternoon of the 3rd, they paired up in twos and handed out the 'concentration enhancement beverage' to students near Gangnam-gu Office Station and Daechi Station in Gangnam-gu, Seoul, under the pretense of a tasting event. After the incident became known, all of them either surrendered to the police or were arrested.

On the afternoon of the 3rd, around 6 PM, drinks containing drugs were handed to students near the academy districts of Gangnam-gu Office Station and Daechi Station.
[Image source=Gangnam Police Station] [Image source=Yonhap News]

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The key issue regarding whether the police can punish them is whether there was 'prior knowledge.' Experts explain that if they did not know beforehand that the beverages they distributed to the victim students contained drugs, there is no legal basis for punishment.

It is known that they stated during police investigations that "we did not know the beverages contained drug ingredients."

Attorney Park Jin-sil emphasized, “They can only be punished if there is evidence that they knew in advance that the beverages contained drug ingredients and conspired with the perpetrators. The crime related to drugs is established only if they knowingly distributed beverages containing drugs.”

Professor Lee Yun-ho, Chair Professor of the Department of Police Science at Korea Cyber University, also said, “If it is proven that they only knew it as a simple part-time job, they may not even be sent to prosecution. The police are expected to review communication records and other evidence comprehensively to verify their involvement.”

Experts also believe that if conspiracy evidence is not proven, it will be difficult to apply other charges such as special injury, which some have suggested. Professor Lee said, “If they handed out the beverages thinking they were ordinary drinks, it would be difficult to apply even indirect intent or other charges.”

However, if the police prove conspiracy through the investigation, the sentence is expected to be severe. Attorney Park said, “If conspiracy is revealed, they become members of a criminal organization. Even if their degree of involvement is low, they can bear overall responsibility.”

Professor Lee also stated, “If prior knowledge is confirmed, the part-time workers will be grouped as co-principal offenders and are expected to receive sentences similar to the main perpetrators.”

Meanwhile, the police are conducting an investigation into the higher-ups behind the drug beverage incident. On the 13th, the police plan to request an Interpol red notice for the Chinese higher-ups identified as the masterminds. The police obtained arrest warrants the day before for two suspects among the Chinese higher-ups and one man suspected of ordering the provision of drugs.

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