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KMID : 1142220190140010061
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Regulatory Research on Food, Drug & Cosmetic
2019 Volume.14 No. 1 p.61 ~ p.72
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A Study on the Regulation of the Drug-facilitated Sexual Assault in the Narcotic Control Acts and Related Acts
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Kim Tae-Hyeong
Han Hyeon-Jung
Kim Yong-Hyun
Ryu Jong-Hoon
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Abstract
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Many people were shocked by the recent news about the drug ‘γ-hydroxybutyric acid (GHB)’, known as “Mulbbong” in Korea, which has been used for drug-facilitated sexual assaults (DFSA) in clubs and other areas. GHB is a psychotropic substance that can cause users to become unconscious for several hours and can lead to death by using overdoses. Since drug management policy was focused mostly on the treatment and rehabilitation of drug addicts, the lack of regulations on DFSA made it difficult to punish criminals and protect victims. In order to effectively deplete the number of secondary crimes committed after injecting narcotics into others, the legislation of drug punishment regulations for DFSA, the revision of Narcotics Control Act, and the revision of the Special Act on Sexual Violence should be preceded. In this study, we analyzed the current law and punishment regulations on restraining DFSA and identified the limitations. To overcome those limitations, this study proposed legislation drafts to control DFSA and the revised law of Narcotics Control Act. This study could be contributed to establish the foundation for legislation and revisions of law to effectively impose sanction on DFSA, and this will lead to deter secondary crimes committed by using narcotics to others and help to protect victims.
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KEYWORD
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Narcotics control act, Drug-facilitated sexual assault, Punishment regulation, Proposed legislation draft, Narcotic drug
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