This study analyzed the current conditions of managing drug offenders on probation after the court decided suspension of execution of sentence. Then it presented suggestions for effective and efficient management of those offenders based on its findings. As a first step of understanding the current situations we first reviewed the total number of 1865 court judgment, delivered in 2016 alone, on drug offenders who were sentenced to imprisonment but execution of the sentence was suspened.
After reviewing court judgment we could draw certain characteristics of drug abusers and offenders of drug related crimes (here in after referred to drug offenders) as follows. First, the average age of drug abusers was relatively lower than that of offenders of drug related crimes, for example, convicted for drug possession or sales. Drug abusers had a higher proportion of self-employed than drug offenders. Compared to drug offenders, drug abusers showed higher propensity of smoking marijuana, purchasing drugs, and committing the crime with others, while the rate of concurrent with other types of crimes was lower. Taking into account high addiction potential, large number of drug abused had criminal records of committing the same crime and placed on probation or attendance order. However, smaller number of drug abusers appointed lawyers than drug offenders. Sixty percent of drug abusers subject to examination was sentenced to probation. 90% of drug abusers sentenced to probation was Koreans, while 67% of drug abusers not sentenced to probation was Koreans. The difference could be explained with procedures after court judgment. Most foreigners with drug crime shall be deported, for this reason, it is meaningless to place them on probation. Compared to drug abusers without probation, the average age of those with probation was older and the proportion of self-employed or service industrial employees was slightly higher. Large number of drug abusers lived in major cities like Busan or Incheon. Among the total number of drug abusers, most of them were involved in smoking marihuana while more abuser of psychotropic drugs were sentenced to probation than other types of drug abusers like marijuana. One of characteristics of psychotropic drug abusers was that they took the drug alone. In other words, most abusers of psychotropic had no accomplices. More than half of drug abusers sentenced to probation got drugs from illegal drug t raders, t he d osage t hey t ook w as lower than t hose without probation while the frequency of taking drug use was higher. It could assume that probation order might be appropriated since drug abusers sentenced to probation had criminal record for the same offense than those without probation.
Procedures and management method of probation on drug offense were not quite departed from those for conventional crime offeders. However, there is a special programs for drug abusers considering characteristics of illegal drug related crimes such as providing designated probation service for drug abusers, drug testing, and consultation with external experts.
Based on the analysis of court judgment and the practicial conditions of probation, this study presented suggestions to improve effectiveness of post management measure. Post management should be strengthened by expanding probation for drug offenders further when suspension of execution of sentence was delivered by the court as probation could be useful to prevent this type of crime as well as recidivism. In addtion, probation program for drug abusers would be helpful to prevent more serious drug offenses by conducting drug test on a regularly basisd and monitoring their everyday life. Suggestions to improve the current probation system as follows. ; first, providing distinct post management by classifying types of drugs the offenders took or criminal behaviors; second, conducting random check more frequently; third, increasing the number of probation officers designated for drug offenses; strengthened linkage with community resources; developing and implementing attendance order program based on types of drugs and characteristic of drug offenders.