韓國 麻藥類 規制에 關한 硏究 = (A) study on drug control in Korea

다국어 초록 (Multilingual Abstract)

Thus far we looked over the problem and the analysis on actual state of the narcotics control of Korea. The drug crime of Korea has increased since 1986 and then, in 1993 it increased 230％ compared with the previous year. In 1995 5,418 criminals were arrested. Further more recently adolescent criminals who take drug has dramatical increased. But even though Korea government makes all efforts to prevent people from taking drugs, the treatment system about drug could not accomplish satisfactory results.
Therefore, I analyzed the actual state of treatment system by investigating the content of sentence and treatment about drug crime, which were done by police and court and procurator. I also examined that actual state of the law of controling drug and the content of treatment which were executed by procurator, police, customs and the ministry of health and social affairs. Regarding all these things, I pointed out the problem of regulation about drug in Korea. I also suggested an alternative policy.
The biggest problem of the method of approaching to drug matter of Korea is that they emphasize the supply more than the demand. Since they overemphasize the supply, first, they tend to treat drug abusers only in order to control and punish the abusers. Second, they make rule to put heavy sentence on drug criminal. Third, they did not make much effort to educate and inform to people. They also had carelessness on the healing and reeducating the drug abusers.
When I consider these result. I think that from now on we must put more attention and investment on the demand than the supply for the policy of controling drug in Korea. For this purpose we must also change our thought about drug criminal through active prevention and public information against drug. Instead of considering a drug addicts as criminals who must be punished, we must recognize them as patients who must be healed and reeducated.
We must also subdivide the condition of composition and make the reasonable method of classifying drug as well as loosening a sentence through repairing the law and regulation of controling drug.. In this way we must put heavy punishment on supplier and light punishment on simple drug user.
In order to restrain drug supply effectively, it is necessary for us to use the investigation capability of police to the maximum degree. In another words, we have to do the work seriously and vigorously with the attention on drug matter by using fully the capacity of police which has enough member and nation-wide organization. In order to use and develope the method of expert investigation, We have to study a investigation method which are used in foreign country and put them into practice.
I maintain that we can solve and cope with drug matter more effectively than before in Korea, in this way if we develope demand and supply both equally, and restrain the policy of excessive punishing and controling drug matter.

목차 (Table of Contents)

• 목차 = ⅲ
• 第1章 序論 = 7
• 第1節 硏究의 目的 = 7
• 第2節 硏究의 範圍와 方法 = 10
• Ⅰ. 硏究의 範圍 = 10
• Ⅱ. 硏究의 方法 = 12
• 第2章 痲藥類 規制에 對한 槪觀 = 13
• 第1節 痲藥類 規制의 論據 = 13
• Ⅰ. 痲藥類 濫用의 原因 = 13
• Ⅱ. 規制의 論據 = 17
• 第2節 痲藥類 規制 法規 = 21
• Ⅰ. 刑法 = 21
• Ⅱ. 痲藥法 = 22
• Ⅲ. 大麻 管理法 = 24
• Ⅳ. 向精神性 醫藥品 管理法 = 25
• Ⅴ. 有害 化學 物質 管理法 = 26
• 第3節 各國의 痲藥類 規制 現況 = 28
• Ⅰ. 規制의 基本 理念 = 28
• Ⅱ. 各國의 痲藥類 規制 現況 = 28
• 第4節 痲藥類 規制의 合法化 論爭 = 40
• Ⅰ. 論議의 背景 = 40
• Ⅱ. 合法化 = 40
• Ⅲ. 事寶上 合法化 = 40
• Ⅳ. 非犯罪化 = 41
• 第3章 痲藥類 規制의 實態 分析 및 問題點 = 42
• 第1節 規制의 實態 分析 = 42
• Ⅰ. 機關別 處理 狀況 = 42
• Ⅱ. 幻覺 物質 吸入 事犯의 處理 狀況 = 66
• Ⅲ. 規制 法規의 處罰 現況 = 72
• Ⅳ. 規制의 現況 = 77
• 第2節 規制의 問題點 · = 81
• Ⅰ. 團束上의 問題點 = 82
• Ⅱ. 法 規制上의 問題點 = 84
• Ⅲ. 供給 爲主 規制 政策의 問題點 = 86
• 第4章 痲藥類 規制의 政策 方案 = 88
• 第1節 需要 抑制 部門 = 88
• Ⅰ. 弘報와 啓蒙 活動의 强化 = 88
• Ⅱ. 濫用者의 治療와 再活 = 89
• Ⅲ. 團束 技術의 開發 = 92
• 第2節 供給 抑制 部門 = 93
• Ⅰ. 團束 人力의 擴充 및 裝備의 現代化 = 93
• Ⅱ. 情報 蒐集 活動의 强化 = 95
• Ⅲ. 警察 搜査 力量의 活用 = 96
• 第3節 規制 法規의 整備 = 98
• Ⅰ. 法 體系의 統一性 = 98
• Ⅱ. 刑罰 規定의 整備 = 99
• Ⅲ. 痲藥類 不法 收益의 規制와 沒收 = 101
• 第5章 結論 = 104
• 參考文獻 = 106
• Abstract = 110