Drug Confiscation & Proceeds Collection in Korea

Key Points

Narcotics and temporary narcotics used in the offense, the facilities, equipment, funds and means of transport, and any proceeds derived from them are all subject to confiscation (Article 67 of the Narcotics Control Act).
If the item cannot be taken, its value is collected instead. This is mandatory confiscation and collection, not a matter left to the court's discretion.
In selling cases the money received, and in buying cases the price of the drugs bought, is often the starting point for calculating the amount to be collected.
The Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc. (the “Narcotics Trafficking Prevention Act”, 마약거래방지법) also provides for confiscation and collection of illegal proceeds and property derived from them.

1. What is subject to confiscation

Seized narcotics and temporary narcotics
Facilities and equipment provided for the offense (tools for use, cultivation facilities, etc.)
Funds and means of transport used in the offense (vehicles, etc.)
Proceeds obtained from the crime

Because Article 67 states that such property "shall be confiscated," the court cannot decide whether to confiscate. If the property has already been spent or sold and cannot be confiscated, its value is collected.

2. How the collection amount is calculated

Some court decisions treat collection in drug crimes as having a punitive character beyond simply recovering unjust gains, so amounts exceeding the actual profit are sometimes collected. Check the following items one by one.

Number and amount of transactions · Only amounts tied to the transactions in the indictment can be collected. We filter out money in the transfer records that was not payment for drugs.
Collection among accomplices · In jointly committed cases, the scope of collection may differ depending on how much each person actually gained and whether the proceeds were shared.
Vehicles and accounts · We examine whether the item can really be said to have been provided for the offense, or whether it was merely used once by chance.

3. If the collection amount is not paid

A finalized collection order is a monetary obligation under the judgment, so compulsory execution can be taken against your property. Hiding assets before judgment can constitute a separate crime, and property subject to a preservation order for collection cannot be freely disposed of.

Frequently Asked Questions

Is money I sent to pay for drugs also subject to collection?

In buying cases, the price of the drugs purchased or the payment sent tends to be the standard. If you never received the drugs or were defrauded, the situation is different and must be assessed separately.

I used my car only once to deliver. Will the car be confiscated?

A means of transport used in the offense can be confiscated. However, weighing the value of the car against how closely it was connected to the offense, there may be room to argue that confiscation is excessive.

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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

In drug cases, the collection order can weigh as heavily as the prison sentence