Key Points
- When a search begins, first check the persons, places and items listed in the warrant, and think carefully before voluntarily handing over anything not listed in the warrant.
- A suspect has the right to remain silent. If you guess at the number of uses or where you bought drugs, those answers can harden into the charges.
- Within 48 hours of arrest, it is decided whether to request a detention warrant, and if one is requested, the need for detention is contested at the warrant hearing.
- Deleting chat rooms or coordinating stories with others involved is treated as a risk of destroying evidence and used as grounds for detention.
1. At the scene of a search
Under a court-issued warrant, investigative agencies search your home, vehicle and mobile phone. First confirm that the places and items are those listed in the warrant, and if you are asked to voluntarily submit anything else, write down the scope of what you submit. You can request to be present during the procedure for selecting electronic data on your phone.
2. Urine and hair tests
Drug use is determined by urine and hair analysis. You may refuse a request for cooperation without a warrant, but once a warrant is issued you cannot prevent forced sampling. The differences between tests and how to interpret them are covered in our hair and urine test guide.
3. How an arrest leads to detention
- Immediately after arrest · If a detention warrant is not requested within 48 hours, you are released.
- Detention at the police stage · Up to 10 days.
- Detention after referral to the prosecutor · 10 days, which can be extended once by 10 days.
When a warrant is requested, a judge questions the suspect in person and decides whether to detain. You need to present documents showing a stable residence and job, family who can supervise you, that you have already begun treatment, and that you have no reason to hide evidence.
4. What to keep in mind during questioning
- If you do not clearly remember the dates and number of uses, do not admit to guesses.
- Statements about people who were with you or where you bought drugs can later become evidence in confrontation questioning or separate cases, so say only what you are sure of.
- Explain slang in messages and money transfers together with the circumstances at the time.
- Read the statement record from beginning to end before signing, and request corrections where it differs from what you said.
5. After the police investigation
When police questioning ends, the case file is referred to the prosecutor. For a first-time simple use case, we submit an opinion letter seeking a suspended indictment conditioned on treatment or education, together with treatment records, at that stage. After indictment, we prepare sentencing materials aimed at a suspended sentence at trial.
Frequently Asked Questions
Do I have to give my phone's lock passcode?
They want me to be questioned right away on the day of the search.
Related Guides
Methamphetamine Use and Possession
Meth cases usually start from urine and hair analysis resu…
Read more →Case TypeDrug Sale, Brokering and Dead Drops
In distribution cases, sellers, couriers known as "dropper…
Read more →Case TypeDrug Smuggling, Overseas Orders and International Mail
Bringing controlled drugs into Korea from abroad carries t…
Read more →Case TypeRepeat Drug Offenses and Habitual Use
Drug crimes are known for high reoffending rates, so the c…
Read more →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
Call
KakaoTalk
E-mail