2025년 12월 31일 출간 | ISBN : 1194631347 | 600쪽 | 규격外 | 1판

저자 : 박종은 서울대학교 사회과학연구원 선임연구원 저자 : 박진실 법무법인 진실 대표변호사 저자 : 이재승 Miami University, Department of Justice and Community Studies, Assistant Professor 저자 : 이정민 NGO 다시행복 사무국장

국문요약 ··················································································································· 1 제1장 김남희 서론 ·························································································································· 9 제1절 | 연구필요성과 목적 ··················································································· 11 제2절 | 연구내용과 연구방법 ··············································································· 18 제2장 김남희 · 이승욱 마약류사범 처우 현황과 쟁점 ··················································································· 21 제1절 | 이론적 배경 ···························································································· 23 마약류중독 치료와 재활 ················································································ 23 사법재활(Criminal Rehabilitation) ·································································· 25 사법체계 마약류사범 치료와 돌봄 ································································· 27 마약류사범 처우 관련 개념의 조작적 정의 ····················································· 32 제2절 | 마약류사범 처우 통계 현황 ······································································ 35 마약류사범 단속 일반 현황 ··········································································· 35 마약류사범 재범률 및 재복역률 ···································································· 37 마약류사범 송치·불송치 현황 ······································································· 41 마약류사범 구속 현황 ·················································································· 42 마약류사범 검찰 처분 현황 ·········································································· 44 마약류사범 법원 선고 현황 ·········································································· 47 마약류사범 처분: 교정처우 현황 ···································································· 50 마약류사범 처분: 치료감호 현황 ···································································· 53 마약류사범 처분: 보호관찰 현황 ···································································· 54 마약류사범 치료보호 현황 ·········································································· 55 제3절 | 마약류사범 처우 관련 쟁점 ······································································ 58 마약류사범 처우 관련 선행연구 검토 ····························································· 58 선행연구 기반 주요 쟁점과 대안 ··································································· 72 제4절 | 전문가 의견수렴 ····················································································· 76 조사 개요 ··································································································· 76 전문가 의견수렴 결과 ·················································································· 77 제5절 | 소결 ······································································································ 89 주요 검토 결과 ··························································································· 89 마약류사범 치료·재활처우 주요 쟁점 ····························································· 94 제3장 박성수 마약류사범 처우 패러다임 변화와 제도 운영의 시사점 ··········································· 99 제1절 | 마약류사범 처우에 관한 패러다임 논의 ··················································· 101 마약류 정책 유형과 변화 ············································································ 101 마약류사범 처우에 관한 국제 동향 ······························································ 106 제2절 | 마약류사범 처우 현황과 대안 ································································· 124 마약류사범 처우 현황 분석 ········································································· 124 마약류사범에 대한 사법적 처우 실효성 및 사각지대 ····································· 132 제3절 | 마약류사범 사법재활처우 개선과제 ························································· 136 마약류사범 재범 방지를 위한 치료·재활처우 문제점 ····································· 136 치료·재활처우 개선을 위한 법·제도적 제언 ················································· 139 제4장 이재승 마약류사범 처우 해외 사례: 미국 ········································································ 147 제1절 | 마약류사범에 대한 미국의 태도 및 방향 ················································· 149 미국의 마약범죄 현황 ················································································ 149 처벌과 치료·재활 ······················································································· 151 제2절 | 미국의 마약류사범 관련 법령 ································································· 152 마약 유통사범에 대한 법령 및 처벌 규정 ····················································· 152 마약중독자 관련 연방법령(Federal Drug Laws) ············································ 155 마약중독자 관련 주법령(State-Level Drug Laws) ········································· 165 제3절 | 형사사법체계 단계별 마약류사범 치료·재활처우 ······································· 170 경찰 단계 ································································································· 170 검찰과 법원 ······························································································ 173 교정 및 출소 후 지원 ················································································ 179 청소년 사법 ······························································································ 183 제4절 | 한국적 함의 ························································································· 185 '홀색 가운 효과'에 기반한 적극적 사법재활 ················································· 185 정책을 이끄는 선제적 법규정 마련 ······························································ 186 법제도 실행 사람 중심 정책 추진 ································································ 186 제5장 정온희 마약류사범 처우 해외 사례: 영국 ········································································ 187 제1절 | 영국 마약류 문제 현황 및 대응 개요 ······················································ 189 마약류 문제 현황 ······················································································ 189 영국 마약류관리 대응 전략 ········································································· 191 주요 규제 법률 ·························································································· 193 제2절 | 영국 마약류사범 사법재활처우 ······························································· 197 성인 대상 마약류사범 사법재활 개입 ··························································· 197 아동·청소년 대상 사법재활 개입 ································································ 202 지역사회 기반 마약 및 약물 치료 서비스 사례 ·············································· 205 제3절 | 한국적 함의 ························································································· 207 사법 전 단계에서의 치료 개입 ···································································· 207 기소 및 재판 단계에서의 치료형 처분제도 활용 ············································ 207 출소 및 지역사회 복귀 단계에서의 연속적 개입 ············································ 207 연령별 맞춤형 처우체계 ············································································· 208 제6장 박준은 마약류사범 처우 해외 사례: 호주 ········································································ 209 제1절 | 호주 정부의 마약류 대응 정책 방향 ························································ 211 접근 방향: 수요·공급·피해 감소와 전환 전략 ··············································· 211 전략의 원칙 ······························································································ 212 성공 지표 ································································································· 213 거버넌스 ·································································································· 213 제2절 | 마약류사범 처우 관련 주요 법령 ····························································· 215 형법(Criminal Code Act 1995) 제9.1부 ······················································ 215 마약법(Narcotic Drugs Act 1967) ······························································· 216 NSW 마약 오남용 및 밀매법 1985(Drug Misuse and Trafficking Act 1985) ·· 217 NSW 약물법원법 1998(Drug Court Act 1998) ············································ 217 청소년 관련 법 ·························································································· 219 제3절 | 사법단계별 마약류사범 치료·재활처우 ····················································· 221 경찰 단속 및 수사 단계 ············································································· 221 기소 및 재판 단계 ····················································································· 224 사회복귀 및 재활 지원 ··············································································· 232 청소년 전환 프로그램(Youth Diversion) ······················································· 236 청소년 마약류사범 재활 지원 사례 ······························································ 238 제4절 | 한국적 함의 ························································································· 241 전 단계에 걸친 전환 지원과 유인책 마련 ····················································· 241 경찰-법원-교정-정신건강 및 복지체계의 지역사회 기반 협력 ······················· 241 주거 기반 등 체계화된 지역사회 연계프로그램을 통한 전환 지원 ··················· 242 청소년 인구집단을 타겟으로 한 우선지원 ····················································· 243 명확한 정책 성공 지표 등 증거기반 접근 ····················································· 243 제7장 손여옥 마약류사범 처우 해외 사례: 일본 ········································································ 245 제1절 | 일본 마약류사범의 경향과 특징 ······························································ 247 약물사범의 경향과 특징 ············································································· 247 대마사범의 경향 ······················································································· 248 시판약 남용 문제 ······················································································ 249 제2절 | 약물규제에 관한 법령 ············································································ 250 개관 ········································································································ 250 대마초 지배의 규제에 관한 법률(舊 대마단속법) ··········································· 251 마약 및 향정신성의약품단속법 ··································································· 254 각성제단속법 ···························································································· 256 아편법 ····································································································· 257 의약품의료기기등법(위험약물 대응) ···························································· 259 국제적 협력 하에 규제약물에 관한 부정행위를 조장하는 행위 등의 방지를 도모하기 위한 마약 및 향정신성의약품 단속법 등의 특례법 ··· 260 제3절 | 약물남용 수사 및 처우 등에 관한 법령 및 제도 ······································· 261 범죄수사 특례 법률 ··················································································· 261 형사소송법상 합의제도('일본판 사법거래제도') ············································ 261 형의 일부집행유예제도 ··············································································· 262 제4절 | 교정시설에서의 약물사용자 재범 방지 처우 ·············································· 265 형시설 ····································································································· 265 소년원 ····································································································· 268 약물의존성이 있는 교도소 출소자 등의 지원에 관한 지역연계 가이드라인 ······· 269 제5절 | 약물남용자에 대한 보호관찰 처우 ··························································· 270 약물재범방지프로그램 ··············································································· 270 약물재범방지프로그램 이외의 마약류사범에 대한 처우 ··································· 275 제6절 | 한국적 함의 ························································································· 278 형사사법 중심 대응의 구조적 한계 ······························································ 278 형의 일부집행유예제도 활용의 시사점 ························································· 280 재범 억제를 위한 다기관 연계 강화 ····························································· 280 통합적 치유형 시설 방안 검토 ···································································· 281 제8장 최경찬 · 안재경 교정시설 마약류사범 설문조사 ············································································· 283 제1절 | 조사 개요 ···························································································· 285 설문조사의 목적 ······················································································· 286 설문조사의 이론적 배경 ············································································· 290 예비조사 결과 및 보완사항 ········································································ 292 제2절 | 설문조사 결과 분석 ··············································································· 295 응답자 인구학적 특성 ··············································································· 295 응답자의 건강 상태 및 생활습관 특성 ·························································· 299 마약류 사용 이력 및 단약 경험 ·································································· 301 경찰 및 검찰 단계(수사 및 기소)에 대한 경험 ·············································· 310 법원 재판 및 형 집행 과정(재판, 판결, 복역 등)에 대한 경험 ························· 316 마약류 중독 회복과 자활에 대한 인식 ························································· 320 출소 이후 회복 지원 수요 ·········································································· 323 교정시설 수용생활 경험 ············································································· 327 치료·재활 서비스 수요 및 태도 ·································································· 331 범죄 관련 사고 및 태도 특성 ···································································· 333 제3절 | 설문조사 시사점 ··················································································· 348 교정시설 경험과 치료적 개입의 필요성 ······················································· 348 형사사법절차 내 사회적 회복 지원의 필요성 ················································ 350 출소 후 사회적 자본 연계를 통한 회복 지원 ················································ 351 제9장 김나연 · 안재경 · 김남희 교정시설 마약류사범 심층면담 ············································································· 353 제1절 | 조사 개요 ···························································································· 355 조사대상 ································································································· 355 조사 및 분석방법 ······················································································ 356 제2절 | 마약류사범 심층면담 주요 분석 결과 ······················································· 357 마약류범죄 발생 배경 ················································································ 357 형사사법절차 단계별 경험 ·········································································· 362 제3절 | 마약류사범 심층면담 시사점 ··································································· 376 형사사법단계 치료·재활 정보연계 시스템 제도화 ··········································· 376 형사처분의 일관성 확보를 위한 노력 ··························································· 377 교정시설 회복환경 조성을 위한 분리 수용 방안 마련 ····································· 377 마약류사범 프로그램 다양화와 전문시설 확대 ··············································· 377 교정시설-지역사회의 사법재활 지속체계 마련 ·············································· 378 사회적 인식 개선과 예방을 위한 언론 역할 강조 ··········································· 379 제10장 이정민 지역사회 마약류중독자 등 심층면담 ··································································· 381 제1절 | 조사 개요 ···························································································· 383 조사개요 ································································································· 383 면담 참여자의 일반적 특성 ········································································· 384 참여자의 개인력 ······················································································· 386 제2절 | 지역사회 마약류중독자 등 심층면담 주요 분석 결과 ·································· 390 마약류중독자 심층면담 결과 ······································································· 390 마약류중독자 가족 심층면담 결과 ······························································· 415 지역사회 전문가 심층면담 결과 ·································································· 428 제3절 | 지역사회 마약류중독자 등 심층면담 시사점 ·············································· 439 수사 초기 사법재활 개입 근거 지침 마련 ····················································· 439 재판 공백기 재범위험 완화와 선고 전 개입 ·················································· 440 교정시설 프로그램의 비용편익 검증에 근거한 재원 확보 노력 ························· 440 마약류사범 특성별 분리수용 및 환경위험 요인 관리 방안 마련 ······················· 440 마약류사범 교육프로그램 품질관리 ······························································ 441 치료보호제도 접근성 강화를 위한 정책 재설계 ·············································· 441 사법-지역사회 간 보건의료체계 정보의 유기적 연계 ······································ 442 지역사회 인프라 확대와 민간단체 역량 강화 ················································ 442 제11장 박진실 마약류사범 처우 관련 법령정비 검토 ···································································· 443 제1절 | 마약류사범에 대한 처우 관련 법령체계 개관 ············································ 445 제2절 | 현행 마약류관리법의 주요 쟁점과 개선방안 ·············································· 447 마약류관리법의 주요쟁점 ··········································································· 447 마약류관리법의 개선안 ·············································································· 450 제3절 | 마약류사범 처우 관련 법적 쟁점 ····························································· 453 마약류사범에 대한 처분절차 ······································································ 453 처우 관련 제반 문제점 ·············································································· 455 법적·정책적 쟁점 ······················································································ 457 제4절 | 해외 입법례 및 정책사례 ······································································· 463 미국 ········································································································ 463 영국 ········································································································ 464 일본 ········································································································ 465 싱가포르 ································································································· 465 외국 입법례의 시사점 ··············································································· 466 제5절 | 마약류사범 처우 개선을 위한 제안 ························································· 467 마약전담재판부의 도입 ·············································································· 467 보석제도의 개선방안 ················································································· 470 재범에 대한 처벌 개선방안 ········································································ 472 수강명령 등의 개선방안 ············································································· 473 치료명령제도의 개선방안 ··········································································· 474 가석방제도의 개선방안 ··············································································· 475 치료감호제도의 개선방안 ··········································································· 477 경찰의 개입 방안 ······················································································ 479 마약류중독자 회복 지원을 위한 법률 입법 ··················································· 481 제6절 | 소결 ······································································································ 482 제12장 전체 연구진 결론: 마약류사범 처우 개선을 위한 정책 과제 ····················································· 485 제1절 | 주요 연구 결과 ····················································································· 487 연구 개요 ································································································· 487 마약류사범 처우 쟁점: 선행연구, 통계, 전문가 의견 수렴 ······························· 488 마약류사범 패러다임 변화의 국제 동향의 시사점 ·········································· 489 미국 사례 검토와 시사점 ··········································································· 491 영국 사례 검토와 시사점 ··········································································· 493 호주 사례 검토와 시사점 ··········································································· 494 일본 사례 검토와 시사점 ··········································································· 495 교정시설 마약류사범 설문조사 ···································································· 497 교정시설 마약류사범 심층면담 ···································································· 499 지역사회 마약류중독자, 가족, 실무전문가 심층면담 ····································· 501 법률적 쟁점과 개선안 ·············································································· 508 제2절 | 마약류사범 처우 문제와 개선과제 ·························································· 509 마약류사범에 대한 사법재활 개입의 당위성 ·················································· 509 마약류사범 사법재활처우의 사각지대 ·························································· 511 외국 사례에 비춘 사법재활 개선 과제 ·························································· 513 기소 및 재판 단계 사법재활 개선 과제 ························································ 514 시설 내 법 집행 단계 사법재활 개선 과제 ···················································· 516 사회 내 법 집행 및 사후관리 사법재활 개선 과제 ·········································· 520 마약류사범 사법재활 개선을 위한 법개정 ····················································· 522 마약류사범 사법재활 재원 마련을 위한 과제 ················································ 523 마약류대응 전략추진의 거버넌스 재편 ·························································· 524 정보공유 시스템 구축 ·············································································· 525 후속 연구 제안 ························································································ 526 참고문헌 ············································································································· 527 Abstract ············································································································· 573 부록(설문지) ······································································································ 587