Drug Offenses / Crimes

Criminal Defense Attorney / lawyer in Korea, the legal experts at Merits Law Office, Korea. Attorney Bongjik Kim and Attorney Donghyun Kim who are certified Expert Criminal Defense. Attorney provide you the best legal advice as your Criminal Case Defence Legal representative. Merits Law Office Attorneys are specialized in helping foreigners in South Korea with Criminal Case Defense.

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1. Drug Offenses / Crimes in South Korea

South Korea is known for its strict drug policy

Since the Korean government maintains a policy of zero tolerance for drug offenses, it is necessary for both Koreans and foreigners to understand Korea Drug law(NARCOTICS CONTROL ACT).

Following the Korea Drug Policy, Korean prosecutor’s Office and police cooperation with customs, immigration offices to investigate drugs sent through Air mail or carried on the body and also illegal use of drugs with unproper medical treatments and prescriptions.

2. Banned / illegal Drugs in Korea

Korea Government has established strict laws and regulations with congress about drug use for the goal of maintaining a drug-free society and “Zero” drug crimes / offenses.

<Cannabis / Marijuana>
In Korea, Marijuana(“weed”), Cannabis are prohibited. The possession, sale, and use, import, export of cannabis and Marijuana is a Drug Crime. This crime can be resulted to fines and imprisonment.

<Synthetic hemp/Cannabis>
Recently, synthetic Cannabis/marijuana(Juice/Gas) crimes have been increasing significantly. This synthetic Cannabis/marijuana crime cases are social issue in Korea.

Many foreigners are arrested for using synthetic Cannabis/marijuana (so-called “Juice” and “Gas”) without knowing that it is illegal. Unlike other foreign countries, synthetic cannabis is illegal and strictly restricted in Korea. If a foreigner possesses, sells, imports, or uses synthetic Cannabis/marijuana, he or she can be punished for a very serious crime

<Narcotics and Psychotropics>
Drugs such as heroin, cocaine, methamphetamine, LSD, MDMA, YABA, RUSH, and GHB are subject to very severe penalties if possessed, sold, or inhaled in Korea. In accordance with the Korean government’s strict policy for these substances, possession, distribution, and manufacturing often result in prison sentences. Under Korean law, crimes involving these substances carry harsher and heavier punishments than those involving cannabis. And of course, in the case of foreigners, in addition to being punished with a prison sentence, there are many cases where major problems with visas arise and they are forced to leave(“Deportation Order”) after serving a prison sentence.

A total of 478 types of drugs (384 types of narcotics and 94 types of temporary narcotics) are prohibited drugs.

(1) Psychotropic drugs (257 types): methamphetamine (philopon), LSD, etc.
(2) Drugs (126 types): Cocaine, heroin (extracted from poppy, opium, and coca leaves)
(3) Hemp (type 1): Hemp, its resin, and products manufactured using them as raw materials
(4) Temporary narcotics (94 types)

3. Severe punishment for drug crimes in Korea

(1) Heavy punishment provisions for drug crimes in Korea
Korea has adopted a policy of imposing stricter punishments on drug crimes than on other crimes.
In order to maintain a policy of zero drug crime, the Korean government has established heavier criminal punishment provisions in its criminal law than for other crimes.

(2) Drug crime investigation and punishment
In Korea, prosecutors at the Public Prosecutor’s Office can specifically investigate drug cases.
In drug cases, compulsory investigations are carried out through search and seizure warrants during the investigation process, and suspects are often arrested and detained.
As such, drug crimes are subject to strict and thorough investigations.
Therefore, if you are involved in a drug case, you should receive legal advice from a lawyer/attorney specializing in drug cases.
In particular, it is very common for foreigners to be immediately detained. If a foreigner is involved in a drug case, it is recommended that he/she hire a drug lawyer.

At Merits Law Office, a drug lawyer/attorney who speaks English well is waiting for you.
If you have any connection to drugs, you should seek out a drug attorney from Merits Law Office.

(3) Trial and criminal punishment
The level of punishment decided at trial may vary depending on various factors. It is also important to remember that possession of large amounts of drugs, as well as even small amounts, can already result in severe legal penalties. Depending on the type and amount of drugs/drugs and the crime committed, drug offenders may be subject to punishment ranging from fines to probation, mandatory drug treatment, and even imprisonment.

(4) Punishment based on < NARCOTICS CONTROL ACT>

< NARCOTICS CONTROL ACT>

Article 58 (Penalty Provisions) (1) Any of the following persons shall be punished by imprisonment with labor for an indefinite term or for not less than five years:

  1. A person who exports or imports, manufactures, trades, or assists in the trade of, narcotic drugs, or who possesses or owns them for such purposes, in violation of subparagraphs 2 and 3 of Article 3, or Article 4 (1), 18 (1), or 21 (1);
  2. A person who manufactures, exports, or imports precursors for the purpose of manufacturing the narcotic drugs or psychotropic substances, or who holds or possesses them for such purpose, in violation of subparagraph 4 of Article 3;
  3. A person who manufactures, exports or imports, trades, assists in the trade of, or gives or receives, psychotropic substances under subparagraph 3 (a) of Article 2, or other psychotropic substances containing their substance, or who holds or possesses them for such purpose, in violation of subparagraph 5 of Article 3;
  4. A person who obtains extraction from plants or mushrooms used as raw materials of the psychotropic substances under subparagraph 3 (a) of Article 2, or who exports or imports such plants or mushrooms, or holds or possesses them for such purpose, in violation of subparagraph 6 of Article 3;
  5. A person who exports or imports cannabis, or who holds or possesses it for such purpose, in violation of subparagraph 7 of Article 3;
  6. A person who manufactures, exports, or imports psychotropic substances under subparagraph 3 (b) of Article 2 or other psychotropic substances containing their substance, or who holds or possesses them for such purpose, in violation of Article 4 (1);
  7. A person who gives, receives, prepares, administers, or delivers narcotic drugs to a minor, or who trades, gives, receives, prepares, administers, or delivers psychotropic substances or temporary narcotics, in violation of Article 4 (1) or 5-2 (5);
  8. A person who violates Article 5-2 (5) 1 or 2, with respect to Group 1 temporary narcotics



Our Expert Team

Kim Dong-hyun

Representative Attorney • Graduated from Seoul National University• Passed the judicial examination and Korean Bar• Completion of Judicial Research and Training Institute• Majored in Judicial Research...

Kim Bong-jik

Representative Attorney • Graduated from Yonsei University• Passed the judicial examination and Korean Bar• Completion of Judicial Research and Training Institute• Majored in Judicial Research and...

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