Key Points
- Narcotics, psychotropic Item Na (meth, etc.), psychotropic Item Ga (LSD, etc.) and cannabis: importing or exporting them carries imprisonment of at least 5 years or life imprisonment (Article 58(1) of the same Act).
- If for profit or habitual, it rises to death, imprisonment of at least 10 years or life imprisonment, and attempts, preparation and conspiracy are also punished (paragraphs (2) to (4) of the same Article).
- If the value of imported narcotics or psychotropic substances is KRW 5 million or more, it is aggravated to imprisonment of at least 7 years or life imprisonment, and if KRW 50 million or more, to imprisonment of at least 10 years or life imprisonment (Article 11(1) of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법)).
- Only the import of psychotropic Item Ra drugs (propofol, zolpidem, etc.) carries imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)3).
Import and export penalties by drug and value
Whether the substance imported or exported is a narcotic (subparagraph 1), psychotropic Item Ga such as LSD or psilocybin (subparagraph 3), psychotropic Item Na such as meth, MDMA or ketamine (subparagraph 6), or cannabis (subparagraph 5), the statutory penalty is the same. Article 58(1) applies to all of them: imprisonment of at least 5 years or life imprisonment. Only the import of psychotropic Item Ra drugs such as propofol and zolpidem is one level lower, at imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)3).
| Aggravating ground | Statutory penalty | Legal basis |
|---|---|---|
| For profit or habitual (conduct under Article 58(1)) | Death penalty · imprisonment of at least 10 years or life imprisonment | Article 58(2) |
| Value of narcotics · psychotropic substances of KRW 5 million or more but less than KRW 50 million | Imprisonment of at least 7 years or life imprisonment | Article 11(1)2 of the Specific Crimes Aggravated Punishment Act |
| Value of narcotics · psychotropic substances of KRW 50 million or more | Imprisonment of at least 10 years or life imprisonment | Article 11(1)1 of the Specific Crimes Aggravated Punishment Act |
How mail and overseas order cases proceed
When controlled drugs are found during customs clearance, investigative agencies often use controlled delivery, deliberately sending the item to the recipient's home and arresting the person as soon as it is received (Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc. (the “Narcotics Trafficking Prevention Act”, 마약거래방지법)). The recipient is arrested at the door, and a search of the phone and home follows immediately.
Points for contesting intent
- Whether you knew the contents · If you let an acquaintance use your address or received a parcel on their behalf, the most important question is whether you knew there were drugs inside, or at least suspected there might be.
- Payment and means of contact · Excessive payment, secret messengers such as Telegram, and changing the recipient's name are grounds for finding willful blindness (dolus eventualis). Conversely, circumstances of an ordinary transaction serve as material denying intent.
- How the value was calculated · This is the standard that decides whether the Specific Crimes Aggravated Punishment Act applies, so you must check how it was calculated.
- Distinguishing personal use from distribution · Even if you ordered a small amount from a foreign website for your own use, the crime of importing itself is established. However, in sentencing it is clearly distinguished from cases where the purpose was distribution.
Frequently Asked Questions
I received a parcel as a favor for an acquaintance and was arrested on the spot.
Does ordering a small amount from a foreign website for my own use count as smuggling?
Am I punished even if the attempt to import failed?
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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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