Key Points
- When a juvenile under the age of 19 is involved in a drug case, it is often heard by the juvenile division as a juvenile protection case rather than a criminal trial (Juvenile Act).
- An adult who gives narcotics to, receives them from, or administers them to a minor, or sells, gives or administers psychotropic substances or temporary narcotics to a minor, faces imprisonment of at least 5 years or life imprisonment (Article 58(1)7 of the same Act).
- Encouraging a minor to use drugs increases the sentence by up to one half (Article 63(2)2).
- The supervision plan the parents have set up, how treatment has been arranged, and how the child will continue schooling determine the level of the disposition.
When your child is questioned for use or possession
Even a person under 19 is first questioned by the police. After that, if the prosecutor or the court decides that a protective disposition is appropriate, the case goes to the juvenile division. The juvenile division judge looks not only at the wrongdoing itself but also at family circumstances, school life, friendships and the need for treatment, and then decides on dispositions such as probation, a lecture order or placement in a facility. A principle of the Juvenile Act is that having received a protective disposition must not disadvantage the juvenile's future status (Article 32(6)).
- Statements · The parent and defense counsel (assistant) sit in together and guide the child not to say anything untrue out of a desire to protect friends.
- Treatment · Begin care and counseling at a child and adolescent psychiatry clinic right away.
- Environment · Cut off contact with whoever supplied the drugs or the friends involved, and make a plan to manage phone use.
- School · A separate disciplinary process may be opened at school, so respond together in line with its schedule.
Adults who gave drugs to minors
The fact that the other person is a minor alone greatly changes the statutory penalty. Article 58(1)7 of the same Act sets imprisonment of at least 5 years or life imprisonment both for giving or receiving, compounding, administering or providing narcotics to a minor, and for selling, giving or receiving, compounding, administering or providing psychotropic substances or temporary narcotics to a minor. In addition, encouraging or inducing a minor to use, smoke or ingest drugs is aggravated by up to one half on the basis of imprisonment of up to 2 years or a fine of up to KRW 20 million (Article 63(1)17) (paragraph (2)2 of the same Article).
Cannabis is not covered by Article 58(1)7. Even so, the fact that the other person was a minor weighs very heavily in sentencing. A defense of not knowing the person was a minor works only when supported by specific circumstances showing their age could not have been recognized.
Frequently Asked Questions
My son, a high school student, says he smoked cannabis with a friend.
Will a disposition from the juvenile division remain as a criminal record?
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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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