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In a Busan drug case, the 48 hours after arrest matter
In a narcotics case, the applicable article and penalty vary widely with the conduct, such as which drug was used or whether it was sold. When a case starts with an arrest, a detention warrant decision comes within 48 hours, so the family should check the facts as soon as they are contacted.
In a drug case, early action shapes the penalty
Drug cases often begin with an arrest or a search and seizure, with no request to appear. Whether to request a detention warrant is decided within 48 hours of arrest, so you need to move as soon as you are contacted.
We organize the type of drug, how it came to be used and the will to seek treatment into documents. Park Sang Jun and Moon Ji Yeong, who hold a Criminal Law specialization registered with the Korean Bar Association, handle Busan drug cases.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Right after arrest
We confirm which police station holds the person and the charge
Visit
We learn how much is admitted, which drug and how many times
Warrant response
We contest flight risk with residence and family materials
Trial
We submit treatment records and materials on preventing reoffending
Statutory penalties by conduct
| Conduct | Statutory penalty |
|---|---|
| Smoking, possessing, giving or receiving, or storing cannabis | Up to 5 years' imprisonment or a fine of up to KRW 50 million |
| Using, possessing or trading psychotropic substances (item (d)) | Up to 5 years' imprisonment or a fine of up to KRW 50 million |
| Using, possessing or trading psychotropic substances (items (b) and (c)) | Up to 10 years' imprisonment or a fine of up to KRW 100 million |
| Possessing, owning, managing, or giving or receiving narcotics | Imprisonment for a fixed term of at least 1 year |
| Manufacturing, trading or brokering the trade of cannabis | Imprisonment for a fixed term of at least 1 year |
| Importing, exporting, manufacturing, trading or brokering the trade of narcotics | Life imprisonment or at least 5 years' imprisonment |
Basis: Narcotics Control Act, Articles 58(1), 59(1), 60(1) and 61(1)
Drug Crimes Frequently Asked Questions
QThe police say a diet pill I bought by overseas direct purchase is a psychotropic substance and want to question me. If I did not know, am I still punished?
A
Not knowing is an issue in the case, but saying so does not end it. Importing and possessing psychotropic substances is prohibited for anyone who is not a narcotics handler (Narcotics Control Act, Article 4(1)), and punishment requires that you knew the ingredient was a controlled drug (Criminal Act, Article 13). Do not delete materials that show what you understood at the time, such as the purchase page, the ingredient label, payment records and messages with the seller, and organize them with a Busan drug crime lawyer before questioning.
QIf a rapid urine test comes back positive, am I punished right away?
A
A rapid test is only a lead that starts an investigation, and it does not decide punishment on its own. Investigators judge the charge by combining detailed urine and hair analysis by the National Forensic Service with statements and phone and bank records, and the court finds guilt only on proof beyond a reasonable doubt (Criminal Procedure Act, Article 307). If you took medicine on a prescription, it is important to submit the prescription history right away.
QWill turning myself in reduce the penalty?
A
It may, but not always. The law provides that the sentence may be reduced or waived for a person who surrenders to investigators (Criminal Act, Article 52(1)), but this is at the court's discretion, and whether the surrender came before an investigation began and how much you disclosed both affect the decision. The order is to set out for yourself when and how you used drugs before surrendering, and to start treatment or counseling at the same time so your will to stop is on record.
QIn a drug trial, can there be a collection order in addition to a fine or imprisonment?
A
There can. Drugs and funds provided for a drug offense and the proceeds from it are confiscated, and where they cannot be confiscated, their value is collected (Narcotics Control Act, Article 67). Drugs already used and no longer on hand count as items that cannot be confiscated, so their value is collected based on the purchase amount, which means the number of times and amounts admitted during the investigation carry through to the collection amount. You need to check the transaction records before you give a statement.
QI am a first-time offender for drug use. If I retain a Busan drug crime lawyer, can I avoid prison?
A
No one can promise an outcome. A suspended sentence can be granted, taking mitigating circumstances into account, when a sentence of up to 3 years' imprisonment is imposed (Criminal Act, Article 62(1)), and the court looks at the type of drug, the number of uses, any link to sales, efforts at treatment and preventing reoffending, and prior record together (Criminal Act, Article 51). Defense counsel turns those factors into documents for submission and protects procedural rights during questioning and the warrant hearing. Records of starting treatment carry more weight the earlier they begin.
QIf I report a family member's or acquaintance's drug use, is my identity protected? Will I be questioned too?
A
There are protections. A person who reports a drug crime can, if retaliation is a concern, ask that their personal details be left out of the record and that they sign under a pseudonym (Act on the Protection of Reporters, etc. of Specific Crimes, Articles 2 and 7). Still, the reporter may be asked to give a statement as a witness (Criminal Procedure Act, Article 221), and the fact of the report may be guessed during the investigation, so you can ask 112 about the scope of protection before reporting.
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