마약･약물 중독범죄에 대한 형벌과 정신건강의학적 융합접근 고찰

초록

This study examines drug-related crime in South Korea from an integrated perspective beyond conventional criminal justice approaches. It conceptualizes substance addiction as a chronic and relapsing condition requiring sustained treatment and rehabilitation, rather than as a problem to be addressed solely through punishment. The study identifies structural limitations in the current response system. Although mechanisms such as treatment orders, protective treatment, and forensic psychiatric interventions exist, their practical utilization remains limited. In particular, the low participation in treatment-protection programs reveals a gap between institutional design and implementation, resulting in continued reliance on punitive measures. A key issue is the lack of continuity of care across the stages of investigation, trial, correction, probation, and community reintegration. While treatment interventions are partially implemented—such as through protective treatment or within forensic psychiatric institutions including the National Forensic Hospital’s drug rehabilitation programs—these efforts remain fragmented and short-term. This reduces their effectiveness in preventing recidivism. These limitations are closely related to broader weaknesses in the mental health system, including workforce shortages, limited infrastructure, and restricted access to treatment. In correctional and probation settings, supervision-oriented practices often take precedence over therapeutic interventions due to these constraints. This study argues that policy efforts should prioritize strengthening existing systems rather than introducing new institutional frameworks. In particular, establishing a “continuity of care” model and reinforcing the mental health system are essential for effective intervention. In conclusion, drug-related crime should be addressed as a structural issue requiring an integrated and long-term approach. A shift toward treatment- and rehabilitation-oriented responses is necessary, but it must be grounded in the prior reinforcement of existing systems.

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