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A Legal Review on AI-Based Drug Crime Investigation Improvement

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(2), pp.43~69
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 1, 2026
  • Accepted : May 23, 2026
  • Published : May 31, 2026

Lee Keon Su 1

1백석대학교

Accredited

ABSTRACT

It was analyzed that drug crimes are rapidly changing into non-face-to-face and intelligent crimes using Telegram, the dark web, and cryptocurrency. These crime patterns show enhanced anonymity and concealment, and show limitations in responding with existing investigation techniques. In particular, the spread of the online-based crime ecosystem is deepening the structural limitations of the traditional criminal justice system. Accordingly, the need to introduce artificial intelligence (AI)-based investigation technology as a new technical response tool is greatly increasing. This study comprehensively reviewed theoretical and practical aspects, focusing on the possibility and effectiveness of AI investigation technology. In addition, legal issues that may arise when AI technology is applied to the investigation process were systematically analyzed. In particular, focusing on the constitutional issue of the possibility of infringement of the right to self-determination of personal information, the applicability and limitations of the principle of proportionality, and the risks of the automation and prediction function of AI investigation were also analyzed. For international comparison, an AI-based investigation operation model of developed countries was derived through a review of AI use cases by the US Drug Enforcement Administration (DEA) and a comparative analysis of digital investigation strategies by the European Criminal Police Organization (EUROPOL). Based on this, policy implications applicable to Korea were derived. As a legislative improvement direction, the necessity of establishing a clear legal basis for AI investigation technology was suggested. In addition, it proposed a plan to strengthen the control system for protecting personal information. It emphasized the importance of establishing a pre- and post-control system to prevent abuse of authority by investigative agencies and presented securing transparency and explainability of AI algorithms as a key task. In addition, the necessity of establishing an independent supervisory body was discussed. As a result of the study, it was confirmed that AI investigation is a means to dramatically improve the efficiency of responding to drug crimes. However, at the same time, it was also clear that it had the possibility of human rights violations. Therefore, it is essential to secure a balance between technological development and human rights protection. For this, elaborate design of legal and institutional control devices is required. In conclusion, AI-based investigation is expected to establish itself as a key element of the future criminal justice system. In the future, continuous legal and policy supplements and social agreements should be combined.

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