In drug cases, the seized evidence and the first statement shape the outcome

Drug Crimes Matters We Handle

1. Drug Use and Possession — The timing and number of uses and how the drug was possessed are the issuesUsing a narcotic such as methamphetamine or a Category A psychotropic substance is punishable by imprisonment for up to 10 years or a fine of up to KRW 100 million (Article 60(1)1 of the Narcotics Control Act), and possession or ownership by imprisonment for a fixed term of at least 1 year (Article 59). Urine and hair test results, how the drug was seized, and the time and place of use are central to proof.Review of the legality of the search and seizure · Analysis of urine and hair test results · Responding to mobile phone and messenger forensics · Organizing statements on how and how often the drug was used · Preparing treatment, rehabilitation and sentencing materials
2. Drug Sale, Transport and Import — The structure of the deal and the degree of involvement are keyExporting, importing, manufacturing, selling or brokering the sale of narcotics is punishable by life imprisonment or imprisonment for at least 5 years (Article 58(1)), and by death, life imprisonment or imprisonment for at least 10 years if done for profit or habitually (Article 58(2)). Even a person who only transported or delivered drugs is assessed on his or her role in the dealing structure and on whether he or she knew the item was a drug.Analysis of transaction records and conversations · Review of how the transport or delivery happened · Organizing accomplice relationships and roles · Disputing knowledge · Review of the scope of confiscation and collection of equivalent value
3. Cannabis Cases — Smoking and possession carry different penalties from sellingUsing, cultivating, possessing, giving or receiving, transporting or storing cannabis is punishable by imprisonment for up to 5 years or a fine of up to KRW 50 million (Article 61(1)); manufacturing, selling or brokering cannabis by imprisonment for a fixed term of at least 1 year (Article 59(1)7); and exporting or importing it by life imprisonment or imprisonment for at least 5 years (Article 58(1)5). The Criminal Act also applies to crimes committed abroad by Korean nationals (Article 3 of the Criminal Act).Confirming how the smoking or possession happened · Review of cultivation and import routes · Checking for overseas direct purchases or international mail · Preparing sentencing materials for first-time offenders · Responding to lecture-attendance and program-completion orders
4. Psychotropic Drugs and Medical Narcotics — Penalties vary by drug categoryPsychotropic substances are divided into Categories A through D according to their risk. For Categories B and C, selling, possessing, using and similar acts are punishable by imprisonment for up to 10 years or a fine of up to KRW 100 million (Article 60(1)2), and for Category D by imprisonment for up to 5 years or a fine of up to KRW 50 million (Article 61(1)5). Obtaining them without a medical prescription or using them for purposes other than intended can be punished.Confirming the type and category of drug · Review of how the drug was prescribed or obtained · Review of whether medical personnel violated handling rules · Responding to questioning by investigative agencies · Review of the effect on administrative sanctions
5. Treatment and Protection, Lecture Orders, Confiscation — Measures that continue after the sentenceWhen a guilty verdict is given in a case of administering, smoking or ingesting drugs, a lecture-attendance order or rehabilitation program-completion order of up to 200 hours is imposed in principle (Article 40-2). Facilities, funds, means of transport and proceeds used for drug crimes are confiscated, and if they cannot be confiscated, their value is collected (Article 67). There is also a system of diagnostic testing to determine addiction and treatment and protection (Article 40).Considering an application for treatment and protection · Plan for complying with lecture or program-completion orders · Disputing the scope of confiscation and collection · Preparing rehabilitation program records · Written plan to prevent reoffending

1. Types of Drugs and the Penalty Structure

The Narcotics Control Act divides controlled drugs into narcotics, psychotropic substances and cannabis (Article 2(1)). Psychotropic substances are classified from Category A to Category D in descending order of risk of misuse and abuse (Article 2(3)). Anyone who is not a licensed drug handler may not possess, use, sell or otherwise deal in narcotics or psychotropic substances, and cultivating, possessing or using cannabis is also prohibited (Articles 3 and 4).

Statutory penalties are set by drug type and type of conduct (use, possession, sale, import, etc.), so the first step is to identify which drug was involved in which act.

Attempts are punishable in most cases (Article 58(3), Article 59(3), Article 60(3), Article 61(3)), and for habitual offenders the penalty under Articles 60 and 61 is increased by up to one half. Providing a place, facilities, funds or means of transport for committing drug crimes is also punishable (Article 3(11)).

2. Aggravation under Article 11 of the Specific Crimes Aggravated Punishment Act

If the value of the narcotics or psychotropic substances exceeds a certain amount, Article 11 of the Specific Crimes Aggravated Punishment Act applies. Specifically, for crimes under Article 58(1)1 through 4, 6 and 7 of the Narcotics Control Act (excluding selling, giving or receiving, providing, and possession for those purposes), if the value of the narcotics or psychotropic substances exported, imported, manufactured, possessed or owned is KRW 50 million or more, the penalty is life imprisonment or imprisonment for at least 10 years; if it is KRW 5 million or more but less than KRW 50 million, life imprisonment or imprisonment for at least 7 years (paragraph 1). For crimes under Article 59(1) through (3) and Article 60 (limited to crimes involving narcotics and psychotropic substances), if the value of the narcotics and psychotropic substances possessed, owned, cultivated, used, exported, imported or manufactured is KRW 50 million or more, the penalty is life imprisonment or imprisonment for at least 7 years; if it is KRW 5 million or more but less than KRW 50 million, life imprisonment or imprisonment for at least 3 years (paragraph 2).

3. Investigation and Trial Procedures and Illegally Obtained Evidence

Drug cases often begin with tips, tracking of bank accounts or parcels, online investigations, voluntary submission, or search and seizure. Judicial police officers may conduct undercover investigations of drug crimes, approaching suspects without revealing their identity to collect evidence, and under certain requirements may also conduct investigations under an assumed identity, entering into contracts or transactions (Article 4-2 of the Narcotics Control Act).

1. Investigation · Requests for urine and hair tests, seizure and forensic analysis of mobile phones, and questioning of the suspect. The suspect may request that counsel be present during questioning (Article 243-2 of the Criminal Procedure Act).
2. Referral and the prosecutor's decision · The judicial police officer refers the case to the prosecutor (Article 245-5), and the prosecutor, after requesting supplementary investigation if necessary, decides whether to indict (Article 197-2). The duties of prosecutors of the Prosecution Service include deciding whether to file and maintain charges and requesting warrants (Article 4 of the Prosecution Service Act).
3. Trial · If charges are filed, the admissibility of evidence and sentencing are contested at trial.

The Supreme Court holds that evidence collected without following the procedures set by the Constitution and the Criminal Procedure Act, as well as derivative evidence obtained on that basis, cannot in principle be used as evidence of guilt. If the illegally obtained evidence was the lead for the investigation or the key evidence, and the defendant was shown it or questioned on the premise of its content, even the defendant's statements in court may be held inadmissible, and the prosecutor must prove any special circumstances justifying an exception. It is therefore important to check whether the seizure or voluntary submission of a mobile phone was lawful.

4. Additional Measures in Drug Use Cases: Lecture Orders, Treatment and Protection, Confiscation

• Lecture-attendance and program-completion orders · When a guilty verdict (other than a suspended sentence declaration) or a summary order is given to a person who administered, smoked or ingested drugs, a lecture-attendance order or program-completion order of up to 200 hours must be imposed. A lecture-attendance order accompanies a suspended execution of sentence, and a program-completion order accompanies a fine or heavier sentence (Article 40-2). The Supreme Court held that a person who intended to take ketamine but took a different psychotropic substance, an impossible attempt, is also a drug offender subject to a program-completion order.
• Probation · When sentencing is suspended, 1 year of probation may be ordered; when execution of the sentence is suspended, probation or community service may be added (Article 40-2(1) and (4)).
• Treatment and protection · The Minister of Health and Welfare or a provincial governor may have a drug user undergo diagnostic testing (up to 1 month) and treatment and protection (up to 12 months) at a designated treatment facility, after deliberation by a review committee (Article 40(7) and (8)).
• Confiscation and collection of equivalent value · Drugs used in the crime, and facilities, equipment, funds, means of transport and proceeds, are confiscated, and if they cannot be confiscated, their value is collected (Article 67).

5. Practical Issues and Defense Strategy

• Unknowing use and false accusations · A claim that one was drugged secretly or did not know the substance was a drug goes to intent. Test results alone may not prove intent, so indirect facts such as how the drug was taken, whom the person was in contact with, and the content of conversations are important.
• Statements · Statements about the number of uses and where the drug was bought define the scope of further investigation, so the facts should be organized before questioning, and the right not to be compelled to make incriminating statements should be used.
• Mobile phone · In a voluntary submission, define the scope of what is submitted and request to attend the forensic analysis. Deleting data on one's own can raise suspicion of destroying evidence.
• Sentencing · Factors include whether it is a first offense, the period and frequency of use, willingness to rehabilitate, treatment and counseling history, and whether family can supervise.
• Effect on driving and occupation · Addiction to narcotics, cannabis or psychotropic substances may disqualify a person from holding a driver's license (Article 82(1)5 of the Road Traffic Act), and medical professionals and others may face separate administrative sanctions.

Key Court Decisions

Supreme Court Decision 2024Do12689, decided January 9, 2025

The Court held that where illegally obtained primary evidence was the lead for the investigation or the key evidence, the illegality was substantial, and the defendant was shown it or questioned on the premise of its content, the defendant's statements in court are also in principle inadmissible, and the prosecutor must prove any special circumstances justifying an exception.

Supreme Court Decision 2025Do2199, decided May 29, 2025

The Court held that lecture-attendance and program-completion orders under Article 40-2 of the Narcotics Control Act are measures for treatment and education that take into account the likelihood of reoffending due to the addictive nature of drugs, and that an impossible attempt in which the offender was mistaken about the substance taken also falls under a 'drug offender' subject to these orders.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026