For many foreigners traveling to South Korea, carrying marijuana for personal use might feel like a minor lifestyle choice. However, under Korean law, a marijuana import is classified as “drug importation,” a crime that carries some of the heaviest penalties in the legal system. As an English speaking Korean lawyer providing legal aid to foreigners, I have seen how quickly an international arrival can turn into a high-stakes criminal investigation. Recently, our firm secured the best possible outcome, a Suspension of Prosecution (기소유예), for a foreign client facing serious charges for the importation of drugs.
The Severity: No Fines for Drug Importation
| Case Details | Summary |
|---|---|
| Case Category | Narcotics Importation (Marijuana) |
| Location | Incheon International Airport (Customs) |
| Statutory Penalty | Imprisonment for 5 years to Life (No fine) |
| Legal Strategy | Early Intervention & Favorable Element Analysis |
| Final Result | Suspension of Prosecution (기소유예) |
One of the most critical and consequential aspects of the Narcotics Control Act in Korea is the statutory sentencing for “Importation”. While simple possession might occasionally result in a fine, marijuana importation has no provision for a fine.
Why the Charge is So Severe
The legal system views importation not just as personal use, but as the act of introducing controlled substances into the country. The standard statutory penalty for importing marijuana is:
- Imprisonment for at least five years, up to life imprisonment.
Since there is no ‘fine’ option, a defendant who is formally prosecuted and found guilty at trial faces an automatic prison sentence (though a suspension of execution may be possible depending on the specific facts). For a foreigner, such a conviction almost invariably triggers mandatory deportation from Korea.
Case Study: Bringing in Marijuana
The client, a foreigner, entered Korea through Incheon International Airport. During the customs screening process, marijuana was discovered in the client’s luggage.
The narcotics customs team immediately confiscated the items and conducted an intensive interview. The client was placed under investigation and prohibited from leaving the country via a departure ban. Despite having no prior criminal record in either the U.S. or Korea, the client was facing a potential five-year minimum prison term for a single oversight.
Strategic Defense: The Path to a Dismissal
When physical evidence is undeniable, the defense must shift its focus toward prosecution conditions and the subjective intent of the individual.
At Kang & Shin, our bilingual defense team tailored the defense by meticulously drafting a Statement of Facts and a Personal Statement, while maintaining constant communication with the investigative authorities. We utilized these communications and documents to extract “favorable elements” for the Prosecutor’s review:
- Lack of Malicious Intent: We successfully argued that the client, as a foreigner, had a significantly lower “awareness of illegality” regarding the specific nature of the substances compared to a local resident.
- Social Foundation & Professional Impact: We provided concrete evidence of the client’s stable career and family responsibilities, proving that a formal indictment would be disproportionately destructive to their life and future.
- Consistency in Testimony: By aligning the initial airport statements with our comprehensive legal strategy, we demonstrated a sincere level of reflection, transparency, and cooperation.
The Ultimate Result: Suspension of Prosecution
Despite the law establishing a minimum five-year prison sentence for importation, we successfully convinced the prosecution to grant a Suspension of Prosecution. The prosecutor acknowledged the detailed legal arguments and factual evidence presented in our strategic statements.
This is a total victory. A Suspension of Prosecution means the client avoids a criminal record in Korea. Because there is no formal indictment, the visa status is generally protected from the harshest administrative measures. In this specific case, the matter was resolved without a public trial, a prison sentence, or mandatory deportation. Following the decision, the client was able to conclude the legal process and move forward with peace of mind.
Why You Need a Skilled Criminal Defense Lawyer in Korea
Navigating the complexities of the South Korean legal system, especially in high-stakes drug cases, requires a Korean Criminal Defense Lawyer who understands both the local investigative culture and the specific anxieties of the expat community. At Kang & Shin, we prioritize defensive strategies that protect your freedom, your visa status, and your future.
