Hello, I’m Attorney Park.
Everyone makes mistakes.
Sometimes, those mistakes come from deep mental struggles or addictions.
In such cases, simply sending someone to prison may not solve the real problem — and without proper treatment, the same behavior might happen again.
To address this, Korean law provides a special system called the medical treatment and custody system.
This system aims to give people who committed crimes under mental disorder or addiction a chance to recover and reintegrate into society, rather than only punishing them.
What Is the Medical Treatment and Custody System?
In simple terms, it’s a system designed for people who committed a criminal act while being in a state of mental disorder or addiction — situations where it’s difficult to control one’s actions with willpower alone.
For example, a person suffering from a severe mental disorder or addiction to drugs or alcohol might not be able to make rational decisions.
Such individuals may pose a risk of recidivism(reoffending) and often need specialized treatment or education.
This system gives them time and space for healing, so that they can recover and safely reintegrate into society.
It’s not just about confinement — it’s about rehabilitation and protection.
In this way, the medical treatment and custody system serves two purposes:
it helps individuals recover, and it protects public safety by preventing reoffending.
Who Can Be Subject to Medical Treatment and Custody?
According to the Act on Medical Treatment and Custody, a person subject to medical treatment and custody generally falls into one of the following categories and whose offense would result in imprisonment or heavier punishment:
- A person who committed a crime due to mental disorder.
- A person who committed a crime under the influence of drug or alcohol addiction, not just occasional drinking, but habitual or severe dependence leading to a state of addiction.
- A person with a psychosexual disorder, such as pedophilia or sexual sadism, who committed a sexual offense.
Who Files the Request?
A public prosecutor files a request for medical treatment and custody when it is considered necessary.
However, if the court believes such a measure may be needed based on the result of the trial examination, it may ask the prosecutor to file the request.
Before filing, the prosecutor usually refers to the diagnosis or psychiatric assessment by a psychiatrist.
In cases involving psychosexual disorders, such professional evaluation is mandatory.
The prosecutor may file this request any time before the appellate trial ends.
Once the court receives the request, it must promptly serve a duplicate copy of the written request to the person concerned and their attorney.
If the court finds it difficult to determine the person’s mental condition based solely on the prosecutor’s materials, it can order a re-evaluation by an expert.
In other words, the decision is not made on the prosecutor’s opinion alone — it requires both expert evaluation and judicial review.
Where and How Is the Treatment Conducted?
If the court sentences a person to medical treatment and custody, they are confined in a medical treatment and detention facility.
Such facilities include the National Forensic Hospital or a designated forensic hospital authorized by the Minister of Justice.
If imprisonment is also imposed, the treatment is executed first, followed by the imprisonment.
The term of treatment is included in the overall term of imprisonment.
During the treatment, the person’s condition is reviewed every six months by the Review Committee on Medical Treatment and Custody.
If the committee determines the person has improved, they may be granted conditional termination or full termination of custody.
This system is about protection and treatment.
It recognizes that for some offenders, true reform begins not in a prison cell, but in a hospital room.
By focusing on recovery, the medical treatment and custody system helps both individuals and society heal together.
For some people, the most meaningful change doesn’t happen through punishment, but through understanding, treatment, and recovery.
Korea’s medical treatment and custody system reflects this belief — that giving a person a chance to heal can ultimately make society safer for everyone.
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