마약수사에서의 통제배달기법 고찰 - 마약류관리에 관한 법률위반사범 중 밀수범죄와 관련하여 -

South Korea is classified as a drug-free country. It means that South Korea government carries out the powerful drug control policy with strong will. Powerful drug control policy means it will fundamentally block the importation of drugs from abroad as well as it will eradicate drug trafficking in the country. In order to achieve the drug control policies efficiently, It is most important to block the import of drugs from abroad at the present time domestic production of drug is disappeared. Eventually, it increases the need to establish a strict monitoring system in the airport and port can be a need for thorough monitoring of the traveler and luggage. But, now immigration and customs clearance procedures are highlighted by this easy and speedy service aspect, so it is very difficult to make a perfect surveillance for the traveler and luggage. Then, the speedy surveillance by using high-tech and the limited investigation on the drug suspect by acuumulating information are the only way which agree with the present service mind. Controlled delivery is often used in the case of drug smuggling, because the drug import case by international mail or package more often happens than the direct personal delivery case. The only way to arrest the real importer is to trace the true receiver along the path of movement of the mail containing the drug. Recently, the supreme court ruling was sentenced whether it is legal or not that customs agent open the international package without search and seizure warrant at the previous step of controlled delivery and whether it is illegal or not that investigator do controlled delivery without search and seizure warrant. The arguments which attain its goals of warrant ideology at the controlled delivery procedure consider the screening of the mail by Customs and the possession of drug by investigator as compulsory investigation like search and seizure. So they assert that the controlled delivery without warrant is illegal. But, Criminal procedure yardstick is diffiult to be applied in all cases in point that the inspection at the customs clearence process is prior to the beginning of an investigation. Controlled delivery, the term of itself is not based upon a premise of investigator’s seizure. And because Controlled delivery is drug crime investigation techniques equipped with sufficient monitoring system in order to prevent the spread of drug, it is not seizure as compulsory investigation that the investigator has a possession of drug.