Hello, I’m Attorney Park.
The law always tries to find a balance.
On one hand, it holds people accountable for their actions, but on the other hand, it also provides opportunities for them to rebuild their lives.
This balance is especially important when someone struggles with issues like drug or alcohol addiction, which are often beyond the individual’s control.
Simply putting them in prison might not solve the problem.
In South Korea, the Act on Medical Treatment and Custody introduces a special system called a medical treatment order.
This system is designed to help people who need treatment and are at risk of reoffending.
A person subject to an order of medical treatment is someone who requires outpatient medical treatment and may commit crimes again if left untreated.
For example, this may include a person who repeatedly uses or is addicted to alcohol, narcotics, psychotropic drugs, or marijuana, or other substances which are likely to be abused or harmful, and who has committed a crime punishable by imprisonment or greater punishment.
Instead of immediately imprisoning such a person, the court can suspend the sentence or the execution of the sentence.
During this suspension, the court may order the person to receive medical treatment.
This period of treatment runs alongside probation, which is generally one year for a suspension of a sentence, or equal to the period of suspension for a suspension of execution.
Importantly, the treatment period shall not exceed the probation period.
Before issuing a treatment order, the court may conduct a pre-judgement investigation.
This includes reviewing the person’s motive for the crime, physical and psychological characteristics, home environment, occupation, living conditions, medical history, ability to bear medical expenses, and risk of reoffending.
The investigation is carried out by the head of probation office having jurisdiction over the person’s residential area or the court’s location.
The probation office may summon the person or relevant individuals, request information from other organizations, and review related materials.
Courts may also request a diagnosis from a psychiatrist to evaluate the person’s mental condition, degree of alcohol dependence, and overall need for treatment.
Once a person receives a medical treatment order, they must comply with all matters to be observed.
This includes faithfully responding to medical treatment in conformity with the instructions of the probation officer and completing any required psychological treatment programs, such as cognitive-behavioral treatment.
If a person fails to follow these instructions without a justifiable reason, and the violation is severe, the court may impose the suspended sentence or revoke the suspension of execution.
The execution of an order of medical treatment is carried out by a probation officer under the command of a prosecutor.
Treatment may involve diagnosis, medication administration, counseling, cognitive-behavioral treatment, and other psychological treatment programs by mental health professionals and other experts.
Before starting treatment, the probation officer must fully explain the medical treatment institution, methods, and details.
While the person generally bears expenses for medical treatment, the State may bear the costs if the person is unable to pay.
In short, a medical treatment order is both an opportunity and a responsibility.
It is a way for the person to receive the help they need to overcome addiction, reduce the risk of reoffending, and safely reintegrate into society.
At the same time, it safeguards public safety by addressing the underlying issues that contribute to criminal behavior.
By focusing on treatment rather than purely punishment, the Korean legal system recognizes that the time spent rehabilitating a person may have a far greater impact than the time spent in prison.
It’s a unique approach that emphasizes real change and recovery over mere confinement.
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