TREATMENT OF ILLICIT DRUG USERS IN KOREANa Gun Young＊

I. INTRODUCTION
There have been studies about the treatment of prisoners with drug dependence, because these people
are one of the most vulnerable to the temptation of drugs even if they finish their times in the correctional
facilities and are most likely to recidivate.
Therefore, it is very necessary to treat them physically and mentally while they are incarcerated. Basedon the recognition that drug addiction is a disease that must be cured. Korea Corrective Service created apsychotherapy division at the Ministry of Justice for enhancing the efficacy of treatment and modified
relevant laws and regulations while running various psychotherapy programmes. As a result, there has been
gradual progress for the treatment of inmates with drug dependence.
However, there are still challenges lying ahead of us such as reducing the population of correctional
facilities and so on.

II. CURRENT SITUATION OF THE TREATMENT OF ILLICIT DRUGS USERS
IN KOREA CORRECTIVE SERVICE
A. Establishment of the Psychotherapy Division at the Ministry of JusticeIn Korean society, there have been constant drug involved accidents, and these have posed severe threats
to the safety of the Korean people. Inmates with a history of drugs are likely to suffer from anxiety,depression, and cause disturbances in the correctional facilities. In regards to recidivism, these people arelikely to recidivate at the highest rate. And at some point, we came to realize that drug dependence is adisease that needs treatment and care. Therefore, Korea Corrective Service introduced ʻindividual
psychotherapyʼ rather than ʻgeneral educationʼ to these inmates, putting treatment as the first priority, andestablished the psychotherapy division at the Ministry of Justice (September 2016). As a subsequent measure,Korea Corrective Service created 11 psychotherapy centres at the correctional institutions and had relevant
teams in place at 52 correctional facilities.
B. Modification of Various Laws and Regulations
On June 2018, a new law called the “Act On Medical Treatment and Custody” was enforced, paving theway for the alternatives to criminal sanctions or imprisonment for drug users, making it possible to provide
them with community based treatment.
1. Relevant Law on Alternative Measures to Imprisonment
The Act on Medical Treatment and Custody law was enforced on June 2018. And according to the law,the court can declare a sentence of medical treatment and custody by means of judgement when necessary.
A prosecutor may apply only for medical treatment and custody without instituting a public prosecution incases as follows:(i) Prosecutors could resort to alternative measures to imprisonment
Where an accusation or complaint does not exist or is cancelled in a crime which is arguable based on theaccusation or complaint, or a victim has expressed a wish not to have the offender punished or has retracted
his/her wish to have the offender punished in a crime which is not arguable against the explicitly expressed＊Senior Inspector, Daegu Detention Center, Ministry of Justice, Republic of Korea.

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will of the victim;(ii) Other special circumstances for the prosecutor to resort to alternative measures
Where the prosecutor makes a decision not to prosecute the suspect under the Criminal Procedure Act.
2. Establishing Internal Regulations
Korea Corrective Service established relevant regulations and manuals as the new division was created,and main contents of the regulations are as follows:
The Central Psychotherapy Committee was established to assist with counselling in regards to thetreatment for drug/behavioural addicts, sexual assaults and so on. And all the correctional facilities started tooffer customized counselling to the inmates (based on the severity of illness).
C. Running Various Psychotherapy Programmes
Previously, instructors gave lectures to inmates, transferring knowledge, and there were not specialists
involved such as clinical psychologists and counsellors. But, nowadays, there are 3 programmes (Basic,intensive, in-depth programme), and inmates with the highest drug addiction join in the in-depth programme,
and they receive more than 130 hours of psychotherapy treatment, interacting with psychiatrists and mental
health nurses.
1. The Contents of Treatment
Specialists such as clinical psychologists conduct personal interviews with each inmate having drug
problems and help them become aware of the importance of rehabilitation through counselling, and they
continue to consult with inmates while prisoners go through all the therapy, helping them adapt to the prison
settings. There are various programmes: the effects of drugs and alcohol (knowledge about drugs, and thepursuit of right values), drug-related crimes (understanding the connection between drugs and crimes, origins
of crimes, and the ways to avoid drug temptation), finding alternatives (what to do when temptation rises, andwork-life balance), yoga for stress relief, tea ceremony, and various treatment activities.
2. The Effects of Treatment(i) The new medical interventions of Korea Corrective Service
The new medical interventions of Korea Corrective Service have brought significant efficacy in terms ofinmatesʼ attitudes while in prison. The constant treatment helps inmates become aware of the need tochange, and this change of attitude can be a turning the point, avoiding the vicious cycle of incarceration.
(ii) The change of disciplinary cases
According to an internal study conducted by Korea Corrective Service, the rate of disciplinary cases
changed significantly from 19.7% to 4.5% after the treatment programme.
(iii) The change of self-confidence of inmates with drug dependenceWith the help of treatment programmes, inmates are motivated to find intrinsic motivation and haveconfidence to live as responsible members of society. According to the study conducted by the Korea
Corrective Service, self-confidence of inmates with drug problems saw a significant increase from 66% to 72.
9%. and that of inmates with alcohol problems went up dramatically from 63% to 74.17%.
(iv) Helping inmates find peaceful lives in correctional institutions
Various activities and counselling by the psychotherapy team help inmates relieve stress and manage
peaceful lives at the institution, ultimately realizing a just society free from crimes.
D. Case Study of Psychotherapy
According to the basic psychotherapy for the treatment of prisoners with drug dependence, which wasconducted by Daegu Detention Center (from March 21-27, 2018), we came to know that there was a bigchange of personal attitude to drugs, and prisoners became aware of the danger of drugs and their impact of
their lives.
The main contents of the programme are as follows: Fostering motivation (based on interviewingprisoners), sharing personal opinions, setting up personal goals, problem recognition, personal review and so107

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on.
After prisoners finished their programmes, we conducted subsequent prisonersʼ review whose contents
are as follows:
Prisoner A: I came to realize how dangerous drugs are and have a chance to reflect on my life again. I
would like to return to my family as early as possible, and never try drugs again, living as a responsible
member of society.
Prisoner B: I came to have an interest about the function of the brain and how drugs could affect my brain.
And this training became my turning point for a better life.
Prisoner C: I was addicted to drugs and alcohol, but I did not know how much drugs could have an impact
on my life. With the help of counsellors and staff, I came to know a lot about drugs and their harmful effect on
me. I feel very thankful for all the sincere attention to me.
E. Relevant Statistics
1. Prison Population
As of August 2, 2018, the total number of prisoners was 54,739 (35,570 convicted, 19,169 unconvicted), andthe number of drug-related prisoners was 3,548 (2,092 convicted, 1,456 unconvicted).
2. Recidivism (by Crime)
According to the statistics issued by the Ministry of Justice (Judicial Yearbook 2016, 2017), the recidivism
rate of drug-related inmates recorded highest among other crimes (42.3% in 2011, 49.6% in 2012).
F. Relevant Laws (About the Treatment of Drug-Related Inmates)
1. Administration and Treatment of Correctional Institution Inmates Act(i) Article 104 (Management of Persons who Commit Crime Related to Narcotics, etc.)(a) With respect to prisoners prescribed by Ordinance of the Ministry of Justice, such as persons whocommit crimes related to narcotics and organized violence, a warden may manage them separately fromother prisoners to maintain security and order of a correctional institution, as prescribed by Ordinance of theMinistry of Justice, by preventing them from contacting other prisoners, keeping safe guard of them strictly,
or taking other measures.
(b) In cases of managing prisoners under paragraph (a), each warden shall not limit the basic treatment tothem.
2. Enforcement Decree of the administration and Treatment of Correctional Institution Inmates Act(i) Article 112 (Inspection of Wards, etc.)
Each warden shall have a correctional officer periodically inspect the wards and places of work ofprisoners and other places where prisoners live (hereafter referred to as “wards, etc.” in this Article):
Provided, That any warden may have a correctional officer frequently inspect the wards, etc. of prisoners
suspected of hiding the prohibited goods referred to in Article 92 of the Act and prisoners determined by
Ordinance of the Ministry of Justice, such as prisoners who committed crimes related to narcotics andorganized violence.
(ii) Article 66 (Censorship of Content of Correspondence)(a) When a prisoner who falls under any of the following cases exchanges correspondence with anotherprisoner pursuant to Article 43 (4) 4 of the Act, a warden may censor the contents thereof.
(b) Where the relevant person is a prisoner determined by Ordinance of the Ministry of Justice, such as acriminal of narcotics or organized violence under Article 104 (1) of the Act.

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III. CHALLENGES AND PROPOSED SOLUTIONS
A. Challenges
1. Overcrowding
As of June 2017, there were 57, 754 prisoners at the 53 Correctional Facilities, exceeding 22. 9% ofcorrectional capacity. (As of August 2nd, 54,739 prisoners, exceeding 14.5%) prison overcrowding is one of thebiggest obstacles for the edification of convicted prisoners and their sound rehabilitation into society, andwithout the minimum space, prisoners with cramped accommodation are likely to be violent, ultimately
leading to higher recidivism. If this situation persists, prison authorities have to focus on the management ofthe facilities, rather than treatment.
2. Security Reasons which Make It Difficult for Prison Authorities to Provide Vocational Training and Jobs
to Drug-Related Inmates
According to the study, prisoners who participated in education programmes while incarcerated showed
lower rates of recidivism1. However, as for the correctional authorities, it is very hard to for each warden todetermine types of work to be assigned to drug-related inmates because the warden may manage themseparately from other prisoners to maintain security and order of a correctional institution, as prescribed byOrdinance of the Ministry of Justice, by preventing them from contacting other prisoners, or taking othermeasures to prevent drugs from coming into the prisons.
3. Lack of Qualified Staff
Korea Corrective Service hired many talented clinical psychologists, and so on, but still, there has been ashortage of staff for the treatment of inmates, both physically and psychologically.
4. Nimby Syndrome (Not in My Backyard Syndrome)
Korea Corrective Service has tried to build additional correctional facilities but often faces strong
resistance from local citizens claiming that building new prisons in their communities violate their pursuit ofhappiness and the mere presence of them could pose big threats to their security. (Even though there was asurvey proving that crime rates near the prisons have been dramatically lower than any other regions).
B. Proposed Solutions
1. Reducing Overcrowding in Correctional Facilities
Overcrowding has been one of the biggest tasks to solve by the Korea Corrective Service. In December
2016, the Constitutional Court of Korea ruled that it is unconstitutional for inmates to live in less than one
square meter, declaring it a clear violation of a humanʼs pursuit of happiness, and basic rights. And as asubsequent ruling, the civil court ruled that the Korean Government should compensate the prisoners whoserights were infringed by living in cramped spaces.
To address this problem, the Korea Corrective Service initiated an overcrowding committee at theMinistry of Justice while closely cooperating with prosecution and relevant authorities such as courts. As aresult, there has been a remarkable decline of prison population. Still, the present number of prisoners
exceeds its capacity by 14.5% (As of August 2, 2018)
2. Building Rehabilitation Facilities for the Treatment of Drug-Related Inmates
To maximize the efficacy of treatment, I think that it is advisable to build rehabilitation facilities andcentres so that inmates can focus on their training.
3. Forming a National Consensus
For Korea Corrective Service to push forward its projects such as building rehabilitation centres and soon, it is very important to form a national consensus. Therefore, we need to publicize the importance oftreatment for inmates with drug dependence while emphasizing better treatment of general prisoners. If
Korea Corrective Service continues to do so, the Korean people will become more aware of the needs to curedrug-related prisoners, not just punishing them.

1

A United States-based three-state recidivism study (Steurer, Smith & Tracy 2001)

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4. Inauguration of Central Correctional Agency Independent from the Ministry of Justice
For the effective management of corrective service and sound rehabilitation of inmates into theircommunity as responsible members of society, I believe that it is very necessary for Korea Corrective
Service to be a Central Correctional Agency independent from the Ministry of Justice.

IV. CONCLUSION
Inmates are the ones who are separated from the society but will eventually return to the society as
responsible members and will become our neighbours. Therefore, it is in our best interest for them to be freefrom illness and have confidence though vocational training, necessary treatment and so on.
According to the First Article of Administration and Treatment of Correctional Institution Inmates Act,the purpose of this Act is to promote correction and edification of convicted prisoners and their soundrehabilitation into society and to prescribe necessary matters concerning treatment and rights of prisoners
and operation of correctional institutions. Therefore, we have our own duty to return prisoners to theircommunity armed with confidence and good health. To achieve that goal, there are challenges lying ahead ofus. I do not think that it is an easy task.
However, if we put our hands together and move forward, I believe that we can make our society or ourworld better. Drug addiction is a disease that must be cured, and we can do better jobs if we share ourknowledge and wisdom together.

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