본문 바로가기
  • Home

A study on drug crime response on the dark web

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(4), pp.183-204
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 8, 2024
  • Accepted : November 24, 2024
  • Published : November 30, 2024

Park Woong Shin 1

1경남정보대학교

Accredited

ABSTRACT

If we were to wonder whether it would be possible to prevent a vast range of crimes such as drugs in the huge space called the dark web, we could only get skeptical results. Preventing such crimes in such a space inevitably requires excessive manpower and budget from national investigative agencies, and considering the insufficiency of the resulting effects and concerns about violations of citizens' basic rights, it is difficult to satisfy the principle of proportionality. Because it is expected to be difficult. Therefore, it is reasonable to rely on non-criminal legal means to prevent the spread of drug crimes, rather than primarily using the state's criminal punishment and investigative powers. This is because a plan that minimizes the limited investigative capacity that must be devoted to drug criminals who have already occurred and minimizes violations of citizens' basic rights through drug crimes may be more consistent with the principle of proportionality. Of course, the improvement measures for preventing drugs on the dark web presented in this study are only presented as very simple measures. In addition, considering the international nature of the dark web and drugs, it is necessary to harmonize the criminal laws and criminal procedure laws of countries in the region, and a procedural methodology will be needed to verify the integrity of information obtained from the dark web and present it in court. In addition, preventing and punishing the spread of drugs occurring on the dark web requires constant investment of investigative personnel into the dark web, which may lead to bias in the country's limited investigative resources. Therefore, it is realistic to move away from the perspective that investigative agencies take priority in regulating a wide range of targets and areas such as the dark web and drugs, and that proactive prevention should be handled by the private sector and reactive responses should be handled by investigative agencies. Furthermore, of course, we must constantly think about how the special space called the dark web will affect the poisonous mushroom called crime in our society.

Citation status

* References for papers published after 2023 are currently being built.