Compared to alcohol addiction (about 15 bil. KRW) and alcohol addiction (about 10 billion
KRW), drug addiction (about 3 bil. KRW, and 4.1 bil. KRW when including the local
government subsidies and donations). This is only about 1.3% (1/76) of the drug addiction
prevention and treatment budget in the UK, having a similar population size as Korea.
In order to minimize social costs caused by drugs, in addition to crackdowns and
punishments, it is necessary to implement a sustainable support policy based on human
rights from a long-term perspective, including development of a treatment-oriented trial
model, substantialize treatment order for drug addicts, treatment order such as outpatient
treatment, probation, order to attend classes, etc., training of drug addiction experts, data
collection of drug policy, improvement of monitoring and evaluation, and research and
implementation of programs to improve social awareness on drug abuse and addiction
problems.
3) Conditions and Problems of Overcrowding in Prisons
A) The Supreme Court’s Ruling on State Compensation for Overcrowding
In Jul. 2022, in its ruling, the Supreme Court effectively acknowledged the state’s human
rights violations and for compensation due to overcrowding in detention facilities.657) This
was the first Supreme Court decision to acknowledge state compensation for overcrowding
in detention facilities, and it came about eight years after the Constitutional Court’s decision
in 2016 that the method of confinement under a certain area violates human dignity. The
Constitutional Court stated in a supplementary opinion that the state must secure an
accommodating area of at least 2.58m2 per prisoner in detention facilities, and since it is not
a problem that can be solved quickly, improvements should be made over a considerable
period of time (5 to 7 years at the latest). However, the problem of overcrowding remains
unresolved.
Overcrowding can be seen from two concepts, broadly. First, it means overcrowding in
the sense that the living space of prisoners is small, as in the ‘living space per detainee.’
Second is a phenomenological concept, referring to accommodating prisoners in excess of
the capacity of detention facilities.
657) Supreme Court, Decided on Jul. 24, 2022, 2017Da266771.
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