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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한림대학교 법학연구소 한림법학 FORUM 한림법학 FORUM 제15권
발행연도
2004.12
수록면
7 - 36 (30page)

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초록· 키워드

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The problem of drug abuse had been already seemed as a major plague of 20th century in the international society. The United Nation and other international organizations requires the cooperation of many countries and NGO in order to prohibit the illegal drug manufacturing and trafficking and to prevent the diffusion of drug abuse. Apart from the requirement of the international society, the governments of many countries already acknowledged the injurious effects of the narcotics and prohibited the sales and possession of a certain categories of narcotics except the usage for medical treatment.
The drug control strategies which each nation adopts are various and different according to the political condition and crime situation of each country. For example, the governments of some countries like USA and Japan adopted the strict prohibition strategy, and the manufacturing and trafficking of the drug usually is felony crime on which severe punishment is imposed. In Japan the drug abusers are treated as a criminal who is sentenced to the prison for some years at usual, and some drug abusers are sent to the medical center compulsorily for rehabilitation.
In some european countries like Netherlands, the government allows the sales and usage of some drugs like marijuana which is regarded as the soft drug. In Netherlands the government strives to avoiding the punishing of drug abuse and drug possession for own usage. The Methadone is supplied to some drug abusers under the prescription of the doctor for the purpose of medical treatment for abusers. But in Netherlands, the manufacturing and illegal trafficking of the narcotics without the permission of the government is regarded as a felony crime and the severe punishments are imposed upon the drug criminals.
Recently, some persons claim that the use of soft drug like marijuana ought to be allowed as one of the liberal acts in privacy. They say that the use and abuse of narcotics is seen as a self injuring by which no other people is injured. Also they claim that the governments of some european countries which allow the use of drug adopted some advanced drug policies and that governments occupied the progressive position in the realm of human rights above the other countries which don’t.
This sort of claims are wrong in some points. Firstly, the drug abuse is not a self injuring at all. For example, suppose a drug abuser who is driving a car on the street of a down town. People might be injured by him because he might be under influence of toxication, Secondly, the drug abuse is not a sort of liberal acts in the domain of privacy. The drug abuser needs some assistances of other people in the form of manufacturing and saling of the narcotics. But the manufacturing and saling of illicit drug is a felony crime under current penal code perhaps in almost countries. That is to say, the drug abuser can make other people a criminal and sent to the prison for the sake of abusers’ pleasure, In this perspective, the drug abuser causes as series of many illegal acts of manufacturing, trafficking, and saling drug, and the drug abuser must be blamed by the name of social justice. We can conclude that it is a matter of penal policy whether the drug abuser must be punished, because drug abuse brings about many related crimes.
It explains that the drug strategy of european countries which allow the possession of soft drug for own use is not a advanced position of their government. It is a kind of strategical choice which can make this government concentrate the countermeasure on control and prohibition of hard drug. The drug abuse is not a problem of human rights but only a target of penal strategy.
In my opinion the drug abuse for his own pleasure must be punished as a crime. Government must prohibit the possession of drug for own use. Because the allowance of possession for own use can cause the rapid dissemination of illegal drug in adolescents who can be easily influenced by social evil practices. The dissemination of drug in juveniles can bring about some deviant behaviors of teenagers including theft, rubbery, racketeering and prostitution.
In order to diminish the drug abusers, it is not sufficient to punish the abusers only for the just desert. Punishing the abusers can only add the number of recidivism of abusers, The abuser is not only a criminal but also a victim of illicit drug. So the probation must be practised with the program for rehabilitation of drug abusers. The program may include the probational supervision with drug test, recovery treatment and self-help group meetings like the drug court program of USA.

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Ⅰ. 서론
Ⅱ. 마약류 남용에 대한 대응 전략의 단계별 분석
Ⅲ. 결론

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