Case concerning the meaning of "narcotics offender" subject to an order to attend a lecture or an order to complete a program under Article 40-2(2) of the Narcotics Control Act

【Holding】

The meaning of "narcotics offender" subject to an order to attend a lecture or an order to complete a program under Article 40-2(2) of the Narcotics Control Act (= a person who has been directly exposed to narcotics by personally administering, smoking, or ingesting them), and whether a person who did not personally administer, smoke, or ingest narcotics falls under the category of narcotics offender referred to therein where such person is punished as an accomplice to a crime of violating the same Act (negative)

【Summary of Decision】

Article 40-2(2) of the Narcotics Control Act (as amended by Act No. 16714 of December 3, 2019; hereinafter the "Narcotics Control Act") provides that, where a judgment of conviction other than a suspended sentence is pronounced against a "narcotics offender," an order to attend education necessary for the prevention of recidivism or an order to complete a rehabilitation education program shall be imposed concurrently. The "narcotics offender" referred to therein means a person who has administered, smoked, or ingested narcotics in violation of Article 3, 4, or 5 of the Narcotics Control Act (Article 40-2(1) of the Narcotics Control Act).

The "narcotics offender" subject to an order to attend a lecture or an order to complete a program under Article 40-2(2) of the Narcotics Control Act must be understood to mean only a person who has been directly exposed to narcotics by personally administering, smoking, or ingesting them. This is because the purpose of an order to attend a lecture or an order to complete a program lies in supporting persons who are at high risk of reoffending due to the addictive nature of narcotics so that they may return to society as healthy members thereof, through treatment and education. Therefore, a person who did not personally administer, smoke, or ingest narcotics does not fall under the category of narcotics offender referred to therein, even if such person is punished as an accomplice to a crime of violating the Narcotics Control Act. In such a case, it cannot be said that there is a risk of reoffending due to the addictive nature of narcotics, and thus it cannot be regarded as a case in which education for the prevention of recidivism or for rehabilitation is necessary.

【Referenced Statutes】

Article 40-2(1) and (2) of the Narcotics Control Act; Article 30 of the Criminal Act

(Source: Supreme Court Decision 2024Do5033, September 12, 2024 [Violation of the Narcotics Control Act (Psychotropic Substances); Harboring of a Criminal] > Comprehensive Legal Information System, Precedents)