Life

Understanding Drug-Related Crimes in Korea

drug crime

South Korea, known for its rich history, technology, and culture, is a nation that upholds strong values and stringent laws. Among these laws, those related to drugs are particularly strict. In recent years, there’s been a surge in public interest regarding drug-related crimes, especially given the emphasis on public safety and health. Let’s dive deeper into understanding the legal landscape surrounding drug offenses in Korea.


In South Korea, drug offenses cover a broad spectrum, from the possession and consumption of illicit substances to trafficking and distribution. The mere use of drugs like marijuana or other psychotropic substances, even in small amounts, can lead to severe legal consequences.


2. Urgent Arrest in Drug Cases: An Overview

긴급 체포 or Urgent Arrest differs from a regular arrest. While an ordinary arrest requires a warrant issued by a judge, an urgent arrest can be made without one. Such arrests are made under specific circumstances:

  • Committing Severe Crimes: If a person commits a crime that could lead to death penalty, life imprisonment, or a long-term imprisonment of three years or more. Drug offenses, even just consuming marijuana or psychotropic drugs, can lead to a maximum of five years in prison, thus meeting this condition.
  • Evidence Tampering or Fleeing: If there’s a risk that the suspect might destroy evidence (for instance, getting rid of remaining drugs) or tries to escape.
  • Emergency Situations: Situations where obtaining an arrest warrant is challenging due to the urgency.

3. The Critical 48-Hour Window After an Urgent Arrest

Once an individual is urgently arrested on suspicion of a drug-related crime, the authorities have a 48-hour window to request a formal detention warrant. This time is crucial. It’s imperative for the arrested individual to consult with a lawyer, especially one specializing in drug offenses, to determine the next course of action.

If the arrest was made without fulfilling the necessary conditions, it could be considered an illegal arrest, emphasizing the importance of legal counsel during this period.


4. Investigation Process: What to Expect?

In most cases, the investigative authorities dive into action after securing substantial evidence. While one might personally believe the arrest to be unfair, legally, there may not be any issues. It’s essential to cooperate with the authorities, but at the same time, ensure one’s rights aren’t violated. This is where the expertise of a drug defense lawyer becomes invaluable.


5. The Role of a Drug Defense Lawyer in Korea

Engaging with a specialist drug defense lawyer can make a significant difference in the outcome of the case. Here are some qualities to look for:

  • Clear Communication: They should be able to provide an overview of potential sentences and the possibility of sentence reduction from the outset.
  • Expertise: The lawyer should possess a criminal law specialization certificate and have hands-on experience in handling drug-related cases.
  • Client-Lawyer Rapport: Establishing trust with your lawyer is crucial. They should be adept at understanding the client’s concerns and offering actionable advice.

6. Final Thoughts

The implications of drug-related offenses in South Korea are severe. For foreigners and residents alike, understanding the intricacies of the Korean legal system is crucial. Always be aware of the local laws and regulations, and in the unfortunate event of legal troubles, seek expert legal advice promptly.

For guidance on drug crime in Korea, we recommend reaching out to our legal adviser, Korean Attorney Taewoo KIM of JEHA. You can contact him via email at twkim@jehalaw.com