Drug Crimes Center · Procedure Guide

Treatment records are the most reliable basis for reducing a sentence

In drug cases, what the court and investigative agencies worry about most is the possibility of using again. Objective records that you are receiving treatment are the strongest material for easing that concern, and they are also the way to actually prevent relapse.

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Key Points

  • At a treatment and protection institution, by decision of the Minister of Health and Welfare or a Mayor/Do Governor, you can receive an assessment of up to 1 month and treatment and protection of up to 12 months (Article 40(7) of the same Act).
  • The costs of assessment and treatment are paid by the national and local governments (paragraph (11) of the same Article).
  • If you receive a conviction or summary order for drug use, a lecture or program completion order of up to 200 hours is attached separately from the sentence (Article 40-2(2)).
  • Before sentencing, the court can order the probation office to investigate whether you are addicted and the risk of reoffending (Article 40-3).

1. What is treatment and protection?

Treatment and protection is inpatient or outpatient treatment that helps a drug addict break mental and physical dependence and return to daily life without relapse (Article 2(9)). A treatment and protection institution must have equipment for analyzing biological samples and be staffed with psychiatrists and mental health professionals (Article 40(2)). Conducting an assessment or treatment and protection requires review by the Treatment and Protection Review Committee (paragraph (8) of the same Article).

Leaving the institution or refusing assessment or treatment without good reason is punishable by imprisonment of up to 2 years or a fine of up to KRW 20 million (Article 63(1)12 and 13), so once treatment begins, it must be completed.

2. Orders that follow a conviction

  • Suspended pronouncement of sentence · One year of probation can be attached.
  • Suspended sentence (officially “suspension of execution of sentence”) · A lecture order of up to 200 hours is mandatory, and probation or community service can be added. It is carried out during the suspension period.
  • Fine · summary order · A program completion order of up to 200 hours is mandatory and is carried out within 6 months from the date the sentence becomes final.
  • Prison sentence · A program completion order of up to 200 hours is mandatory and is carried out in the correctional facility during the term.

The orders consist of diagnosis and counseling on drug-related behavior and education on the harms of drugs, and their execution can be entrusted to the Korean Association Against Drug Abuse (Article 40-2(7) and (8)). All of the orders above are based on Article 40-2.

3. How treatment affects the sentence

In the pre-sentence investigation, the probation office examines the defendant's physical and mental condition, family environment, motive for the offense, degree of addiction and likelihood of reoffending (Article 40-3). If you started treatment early and have continued it, you are more likely to be assessed positively in that investigation. When DAEON Law Firm obtained a suspended sentence in a case involving a prior conviction for the same type of offense, a key factor was specifically demonstrating the course of treatment and the relapse prevention plan.

Frequently Asked Questions

If I get treatment, will investigative agencies learn that I used drugs?
Hospital medical records are, in principle, protected information. However, when an investigation is under way, it is common to submit treatment records yourself as sentencing material. Consult your defense counsel first about which institution to use and how.
What happens if I do not complete the program completion order?
Failing to do so without good reason leads to sanctions under the Probation Act, and for a person serving a suspended sentence it can also be grounds for revoking the suspension.

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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

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