Use, possession, dealing and import are punished under different provisions, and what you must do changes at every stage from search to trial. For foreign nationals, visa and deportation risks come on top.
01FOREIGN NATIONALS
Korean drug laws apply to everyone in Korea. Being a foreigner adds rights you should use and risks you should plan for.
If you do not understand Korean well, you can ask for an interpreter during police and prosecution questioning and at trial. Do not sign a statement you have not fully understood.
If you are arrested, you can ask the police to notify your embassy or consulate. Consular staff can help contact family, but they cannot act as your lawyer.
A drug case can affect your stay. Depending on the outcome, deportation, an entry ban or refusal to extend a visa may follow, so the criminal defense and your immigration status should be planned together.
Investigators may stop you from leaving Korea while the case is open. Tell your lawyer early about travel plans, work contracts or visa expiry dates.
Because foreign nationals may be seen as a flight risk, arrest warrants can be requested more readily. Proof of residence, work and family ties in Korea matters.
02CHARGES
Each charge has a different statutory penalty and different key issues.
In methamphetamine, ketamine and ecstasy cases, urine and hair test results and how you came to use are central.
Psychotropics such as methamphetamine: up to 10 years or a fine up to KRW 100 millionHow much you had, how you got it and why you kept it can change the penalty dramatically.
Psychotropics: up to 10 years or a fine up to KRW 100 million; much heavier if intended for saleSelling, handing over or arranging deals is punished far more heavily than use. Profit or repetition can trigger aggravated penalties.
Heavier than use; life imprisonment is provided for some substancesCannabis is a controlled drug in Korea. Smoking, possession, cultivation and trade are all criminal.
Smoking / possession: up to 5 years or a fine up to KRW 50 millionOrdering drugs from abroad online or receiving them by international mail counts as import, which carries very heavy penalties.
Import / manufacture: life imprisonment or at least 5 yearsPropofol, zolpidem and fentanyl patches can also lead to punishment if used or obtained outside a proper prescription.
Depends on the substance and conduct under the Narcotics Control Act03PROCESS
What you should do right after a search, before questioning and after a warrant request are all different.
Investigators seize your phone and belongings and usually take urine and hair samples.
Read more 02You are questioned as a suspect about use, the source of the drugs and people involved.
Read more 03A warrant must be requested within 48 hours of arrest, and a judge decides on detention shortly after a hearing.
Read more 04The prosecutor decides between a suspended indictment (sometimes conditional on treatment), a summary fine or indictment.
Read more 05The court decides the sentence and may add treatment or education orders and forfeiture.
Read more04WHY US
Managing Partner Yu Ji-yeon handled investigations and arrest warrants as a prosecutor, including at the Seoul Central District Prosecutors' Office.
Attorney Na Hyung-jun is certified by the Korean Bar Association as a criminal law specialist and served as a research clerk at the Seoul High Court and as a court-appointed public defender.
We start with where your case is now: search, questioning, warrant hearing, prosecution decision or trial.
05FAQ
Korean law punishes drug offences committed in Korea regardless of nationality. What happened abroad is generally judged under that country's law, but drugs found in hair tests in Korea can still start an investigation, so get advice before questioning.
It depends on your visa type, the charge and the outcome. A conviction, and in some cases the case itself, can lead to deportation or an entry ban. Planning the criminal defense with your immigration status in mind is important.
Yes. A spouse, parents, children or siblings can appoint a defense lawyer for a detained person. Family members abroad can also contact us by messenger.
You can contact us in English. For questioning and court, interpreters are provided by the authorities, and we arrange interpretation for meetings when needed.
Yes. Lawyers have a legal duty of confidentiality. You may use an alias for the first consultation.
06CONTACT
If you cannot talk, leave a message by KakaoTalk, Telegram or the form. Family members can contact us on your behalf.
DRUG CRIME DEFENSE · KOREA