2. Reason for the Proposal

Since the Act on the Management of Narcotic Drugs or Narcotics Control Act (promulgated under Law No. 20214 and Law No. 20507; effective from February 7, 2025) has been revised, the revision is designed to reflect and enforce the provisions of its Enforcement Decree, and to improve and supplement the deficiencies revealed in the operation of the treatment and protection service system.

3. Main Contents

a. Guidelines for founding and designating treatment and protection institutions (Article 3 (2) and Article 3 (3) of the draft)

1) The revision specifically lists facilities and equipment necessary for treatment and protection as prescribed by the Presidential Decree.

2) The revision provides that the state and municipal governments should support all or a part of the costs required to secure facilities and personnel for the treatment and protection institutions.

b. Assessment and cancellation of treatment and protection institutions (Article 4 of the draft)

The revision provides that the treatment and protection institutions should be assessed every three years. They also provide the comprehensive requirements for their re-designation, including compliance with facility, equipment, and personnel guidelines, treatment and protection performance, and completion of their workers' specialized training.

c. Development and operation of professional training (Article 5 of the draft)

The revision provides specific requirements for professional organizations that can be entrusted with the development and operation of professional education services to improve the expertise or skills of the personnel working at such treatment and protection institutions, and also stipulates the relevant procedures and matters for supporting the processes.

d. Preparation of and changes to the minutes of the Medical Treatment and Protection Examination Committee (Article 9 (3) of the draft)

The revision provides that the minutes of meetings should be created in accordance with the actual practices based on Article 17 (2) of the Public Records Management Act, as the Medical Treatment and Protection Examination Committee in Si/Do does not use the current format of meeting minutes.

e. Unification of review and management entities for drug addicts (Articles 11 to 12, Articles 14 to 19 of the draft)

As there exist operational difficulties in the field due to the fact that the Si/Do that operates the Medical Treatment and Protection Examination Committee for narcotics addicts differs from the Si/Do that bears the cost of diagnostic tests, treatment and protection. The revision consolidates these responsibilities to the Si/Do where the addict resides, ensuring accountability for cost of treatment and protection and enabling continuous management of the addict.

f. Addition of the head correctional facilities to the entities that request treatment and protection and regional linkage (Article 10 (2) of the draft)

The revision provides that prisoners who require additional treatment and protection when released from correctional facilities should be referred to treatment and protection facilities in order to help prevent them from recidivism.

g. Relaxation of the criteria for determination or screening tests (Article 13 of the draft)

The current determination test guidelines can hardly be followed as they require urine or hair tests, specialist consultation, and psychological tests to determine whether someone is an addict. As such, the criteria for the determination test guidelines have been relaxed for the activation of treatment and protection by reflecting field opinions, so that those who fall under any of the criteria can receive treatment and protection.

h. Rationalization of the timing for requesting extensions of the treatment and protection period and for reporting the status (Article 17 and Article 18 of the draft)

In accordance with the relevant statutes, treatment and protection facilities are required to request an extension from the Mayor/Do Governor 10 days prior to the end of the treatment protection period. However, the short processing deadline makes it difficult to convene the Medical Treatment and Protection Examination Committee. The revision aims to adjust this process through reflecting field opinions.

i. Strengthened connection among the rehabilitation organizations for addicts who have received treatment protection services (Article 19 of the draft)

The revision provides the statutory grounds for the provision of steady follow-up service to addicts who have received treatment and protection by requiring the Mayor/Do Governor to refer them to the head of a Si/Gun/Gu that has jurisdiction over the addict's place of residence, the Integrated Addiction Management Support Center, or the Korea Drug Eradication Movement Headquarters.

k. Improvement of the treatment and protection service forms (all attached Forms)

The service-related forms are improved by reflecting field opinions, including the improvement of the existing forms by addressing certain deficiencies in the existing forms (phone number, date of birth, information on the treatment and protection facilities, etc.) and the addition of some new forms in line with the current operation of the treatment and protection system (referral by correctional facilities of released addicts for treatment and protection, application for treatment and protection by the subject person or guardian, notification of the results of the treatment and protection review or the termination of treatment and protection).