Key Points
- This crime requires intent, so you cannot be punished if you did not realize it was a controlled drug. However, accepting the risk while thinking it might be drugs (willful blindness, or dolus eventualis) is treated as intent.
- In cases where drugs were administered without your knowledge, urine and blood tests taken immediately afterward, statements from those present and CCTV footage are decisive.
- Ingredients in prescription drugs you take or certain cold medicines can read as positive in rapid tests, so be sure to check the forensic analysis results.
- Against the person who drugged you covertly, you can file a criminal complaint not only for administering or providing drugs but also for bodily injury or sexual crimes.
How to show there was no intent
- Build a timeline · Organize, down to the minute, when you may have been exposed to the drug, when symptoms appeared, and when you were tested.
- Get tested right away · If you suspect someone spiked your drink, get urine and blood tests at a hospital or police station without delay and keep the results. As time passes, the substances may no longer be detectable in your body.
- Others present and footage · Statements from people who were there, CCTV from the bar or club, and message records support that you did not take it voluntarily.
- Your usual life · If hair analysis shows no signs of long-term use, the argument that you were accidentally exposed once gains strength.
When the test result itself is questionable
The rapid reagent test used at the scene is for screening and can react to unrelated substances. Conclusions come from forensic analysis by institutions such as the National Forensic Service, and you should read for yourself which substances and what concentrations are listed in the forensic report. If you are taking medication, submit the prescriptions and medical records as well.
When drugs are found in something you were holding
If drugs were found in a bag an acquaintance left with you or a parcel you received on their behalf, the issue is whether you had intent to possess or import. You need to show that you could not have known the contents through how you came to hold the item, whether you were paid, your usual relationship with the person, and the conversations you exchanged.
What you can do against the person who drugged you
Covertly giving someone drugs is itself the crime of administering or providing drugs; if it harmed the other person's health, bodily injury, and if sexual acts were committed while the person's consciousness was impaired, sexual crimes such as quasi-rape may also be established. If you are a victim, first secure the test results and evidence, then decide whether to file a complaint.
Frequently Asked Questions
I have a memory gap after a night of drinking, and my test came back positive for drugs.
I only took cold medicine, but my rapid test was positive.
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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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