Key Points
- A person who is not a medical narcotics handler may not administer narcotics or psychotropic substances or issue prescriptions for them, even for treatment (Article 30(1) of the same Act).
- Even medical narcotics handlers are prohibited from administering to themselves or prescribing for themselves designated drugs with a high risk of addiction (Article 30(2), newly inserted February 6, 2024).
- Violations carry imprisonment of up to 10 years or a fine of up to KRW 100 million for narcotics (Article 60(1)4) and imprisonment of up to 5 years or a fine of up to KRW 50 million for psychotropic substances (Article 61(1)11).
- When prescribing certain narcotics and psychotropic substances, there is a duty to check the patient's medication history (Article 30(3)).
Punishable conduct
- Administering or prescribing narcotics without medical purpose, or self-prescribing · Imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)4)
- Administering or prescribing psychotropic substances without medical purpose, or self-prescribing · Imprisonment of up to 5 years or a fine of up to KRW 50 million (Article 61(1)11)
- Administering or prescribing narcotics to treat narcotics addicts without permission · Imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 39 and Article 60(1)4)
- Violating the duty to record and report narcotics handling · Imprisonment of up to 2 years or a fine of up to KRW 20 million, etc. (Article 63(1))
Whether there was a medical purpose is the issue
Using propofol for sedation endoscopy or cosmetic procedures is normal medical care. But if it was administered repeatedly without a procedure, or the intervals and doses do not match the records, the medical purpose may be denied. We prove that it was medical practice by comparing medical charts, consent forms, procedure records and reports to the integrated management system one by one.
What to manage alongside the criminal process
- Responding to administrative inspections · Documents and explanations submitted during a Ministry of Food and Drug Safety inspection are later used as the starting point of an investigation.
- Suspension of business and licenses · Suspension as a narcotics handler or action against a medical license can proceed separately from the criminal process, so both must be managed together.
- Conduct of staff · If a nurse or staff member diverted drugs, the extent of supervisory responsibility is contested separately.
Frequently Asked Questions
I have insomnia, so I prescribed sleeping pills in my own name.
I simply had many patients receiving propofol for procedures, and now I am under investigation.
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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
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