Undercover drug investigations formalized through legislation

First-quarter arrests up 26% year-on-year

'Where drugs are, police are too' seen as deterrent

Expanded investigation budgets expected to ease field challenges

[Getty Images Bank]
[Getty Images Bank]

Drug offenders operate in the darkest corners of society — and catching them requires investigators to go there too. Undercover operations conducted under a concealed identity had long existed outside any formal legal framework, but a recent amendment to the law has opened the door to institutionalizing such tactics. With implementation expected in May next year, the effects of the legislative change are already being felt.

Drug arrests rose in the first quarter of this year, and accounts are emerging from suspects who say they were caught in undercover stings.

A string of cases has come to light in which drug suspects were snared by undercover police operations. A man in his 40s identified only as A recently traveled to Gangwon Province looking for someone to use drugs with, and was detained on charges of violating the Narcotics Control Act. He had seen a post on social media seeking a partner for drug use, went to the location — and was arrested by police waiting there.

Similar cases have surfaced online, with people seeking help after claiming they were caught in undercover stings. One post described how a stranger made first contact through social media. "A stranger reached out to me first on social media, and as the conversation went on it turned into talk of a drug deal," the person wrote. "I ultimately agreed, and was arrested on the spot as a flagrant offender."

"It turned out the investigator had concealed their identity and approached me from the outset," the post continued. "I can't say I'm completely innocent, but I feel deeply wronged at the thought that I was led into it." The tactic is known as an "opportunity-providing" undercover operation — one in which investigators offer an opening to a target who already intends to use drugs. Until now, such operations existed outside any legal framework, leaving frontline investigators able to conduct them only in a limited and cautious manner.

An amendment to the Narcotics Control Act that formally institutionalizes undercover investigations passed the National Assembly in April, and police are now working to define the precise scope of such operations. Under the revised law, investigators may buy, sell, possess, advertise, receive, transport or import narcotics under a cover identity. With court approval, they may also alter identity documents and electronic records for that purpose.

Police have formed a drug undercover investigation task force to develop operational guidelines. The task force is focusing in particular on how broadly to extend immunity protections for investigators conducting undercover work.

The legislative change has given fresh momentum to drug enforcement. National Investigation Headquarters chief Park Seong-ju said May 11 that the passage of the Narcotics Control Act amendment had formally launched the undercover investigation regime that police had long pushed for. "The number of arrests in the first quarter of this year rose 26 percent compared with the same period last year, and arrests of online drug offenders over the same period increased 48 percent," he said.

With expectations running high over the formalization of undercover operations, frontline drug investigators are welcoming what they anticipate will follow: an expansion of undercover investigations, a contraction of the drug trade, and broader support for investigation budgets.

Until now, undercover operations were limited to investigators posing as buyers — typically attempting a transaction in order to arrest the seller. The new law is expected to allow for a significantly wider range of tactics. Because advertising the sale of narcotics is itself a criminal offense under current law, investigators will now be able to post drug sale advertisements and pose as sellers, setting a trap for suspects who intend to buy or use drugs.

"We will be able to build trust through repeated transactions — something that was difficult before — and work our way up from low-level dealers to suppliers higher up the chain," a police drug investigator said. "The scope of immunity available to investigators has effectively been broadened."

A wider undercover operation capability is also expected to have a strong deterrent effect, creating the perception that "where drugs are, police are too." Another drug investigator said both buyers and sellers would feel far more nervous going forward. "There is also hope that the volume of transactions will fall, because either party might think the other could be a police officer," the investigator said.

With investigators now permitted to conduct actual drug transactions under cover, frontline officers are also hoping for expanded investigation budget support. Each drug investigator currently receives about 200,000 won (about $145) per month in operational expenses. When additional funds are needed, investigators sometimes find themselves racing against the clock to obtain the necessary approvals.

The ability to conduct transactions is also expected to resolve many of the practical difficulties of field investigations. "When we use an arrested suspect to lure associates into additional arrests, we invite them out under the pretext of a deal — and having cash on hand quickly is essential to avoid raising suspicion," one drug investigator said. "Right now we pool our operational funds as a team or use our own money and get reimbursed later, which has its limits."

There are concerns, however, that the drug trade may simply go further underground in response. "The more law enforcement closes in, the deeper drug crime retreats into the shadows," a drug investigator said. "The deeper police undercover operations go, the harder it becomes to predict which direction drug crime will evolve."


20ki@heraldcorp.com