Drug Offenses in South Korea & How to deal with it

    Recently, Majung’s Foreigner Center has been receiving daily inquiries from foreigners facing deportation orders due to drug offenses.   Many of these clients acknowledge using drugs, but also have urgent, compelling reasons to remain in Korea.   In particular, some have requested assistance with temporary release from immigration detention, as immediate deportation poses a serious burden.   Today, we will walk you through the level of criminal punishment for drug-related crimes committed by foreigners in Korea, How to respond strategically to such cases, and a real case handled by Majung where temporary release was successfully granted for a foreign drug offender.  

Contents

1. Foreigners and Drug Offenses: Severity of Criminal Penalties

2. How to Respond to Drug Charges as a Foreigner in Korea

3. Case study of drug case

4. Final words

 

1. Foreigners and Drug Offenses: Severity of Criminal Penalties

Narcotics Control Act: Penalties for Drug Offenses Involving Foreigners in Korea   Under Korea’s Narcotics Control Act, the severity of punishment for drug-related offenses varies depending on the nature and intent of the crime:

1. Simple Possession or Use: Punishable by a fine of up to 10 million KRW or imprisonment of at least 1 year.
2. Import or Export of Narcotics: Subject to a fine of up to 20 million KRW or imprisonment of up to 2 years.
3. Profit-Driven Use of Narcotics: Can lead to a fine of up to 50 million KRW or imprisonment of up to 5 years.
4. Manufacture or Smuggling for Profit: The most severe, punishable by a fine of up to 100 million KRW or imprisonment of up to 10 years.

  Given that the criteria for issuing deportation orders against foreigners in Korea include a single fine of 3 million KRW or accumulated fines exceeding 5 million KRW over 5 years, the criminal penalties listed above far exceed the threshold for deportation.   Therefore, once a foreigner is caught in a drug-related offense, it is extremely difficult to avoid deportation or other immigration sanctions.   Since the punishment may vary significantly depending on the specific details of the drug offense, it is strongly recommended to seek professional legal assistance from the very beginning in order to understand the potential sentencing and plan an effective legal response.    

2. How to Respond to Drug Charges as a Foreigner in Korea

If you've been prosecuted for a drug offense, undergone police investigation, and ultimately received a deportation order, you’re likely facing a very difficult situation.   Of course, if there is no compelling reason to remain in Korea, returning to your home country may be the best option. However, if you have a special, urgent reason to stay in Korea, a careful and strategic response is essential.   Here are the ways to respond to a forced deportation order in Korea.   1) File an Objection (Appeal) You must submit your objection within 7 days from the date you received the deportation order. To be considered valid, this objection must include specific documentation and evidence explaining why the deportation is unfair or unacceptable in your case.   2) Apply for Temporary Release from Detention If you are detained in a foreigner detention center, you may apply for temporary release. Temporary release allows you to leave the facility while preparing legal action, such as an administrative lawsuit. This can place you in a more favorable position when preparing your defense.   3) File an Administrative Lawsuit If your objection is dismissed and your temporary release request is denied, you can file an administrative lawsuit. However, reversing a deportation order through litigation is not easy, and you'll need detailed evidence proving why you must stay in Korea despite the immigration ruling.   To successfully appeal, you’ll need to present the unfairness of the deportation process and humanitarian or essential personal reasons for staying in Korea. For this, it is strongly advised to work with a legal expert who has extensive experience in foreigner-related administrative litigation.   Legal professionals with specialized knowledge in immigration law and deportation defense can help you craft a persuasive case and increase your chances of remaining in Korea.    

3. Case study of drug case

The client, a U.S. citizen, was caught by police while using drugs with friends in Korea and was subsequently prosecuted. He was charged with drug use and distribution, resulting in a sentence of 10 months in prison, suspended for 2 years.'   As a foreigner, he also faced a mandatory deportation order, and therefore immediately sought help from Majung, a law firm specializing in foreign criminal defense and immigration law.   In Korea, drug offenses are considered serious crimes that society does not tolerate. Completely overturning a deportation order in such cases is extremely difficult.   The client acknowledged his wrongdoing and expressed willingness to comply with the deportation. However, since he was running a business in Korea, he needed a minimum amount of time to properly wind things down.   Majung stepped in with the goal of helping the detained client obtain a temporary release from the immigration detention center to give him time to prepare.   Majung built their argument for temporary release based on the following defense points:

1. The client had no history of habitual drug use.
2. He did not engage in drug sales for profit.
3. He was a first-time offender with no prior criminal record.
4. Extended detention would cause serious damage to his ongoing business.
5. There was no risk of escape after temporary release.

  Thanks to the dedicated efforts of Majung, the client was granted a 2-month temporary release by the Immigration Office.   This gave him sufficient time to wrap up his business affairs in Korea and prepare for departure.   This case illustrates how prompt legal action and strategic advocacy can lead to practical outcomes—even in tough situations involving serious charges like drug offenses.    

4. Final words

When reviewing the cases of foreign clients facing drug-related charges who came to Majung, many unfortunate situations became evident.   Some clients had initially rushed to hire a criminal defense law firm, only to later realize that the firm lacked the ability to properly handle the deportation order. As a result, they ended up changing lawyers mid-case.   This underscores how crucial it is to choose the right law firm from the beginning.   Majung strongly advises selecting a comprehensive legal service provider that can handle foreign criminal defense, and also manage immigration and deportation issues thoroughly.   At Majung, a law firm specialized in foreign clients, our legal team includes certified criminal law experts who respond proactively to foreign drug-related and criminal charges. Additionally, our lead attorney—who has experience working at the Immigration Office’s Criminal Division—develops strategic defenses against forced deportation orders.   Majung is equipped to tackle both criminal punishment and deportation orders—simultaneously.   We highly recommend resolving all related issues in one place, with a one-stop solution from the beginning.   Thank you.   Foreign Specialized Support at Majung Foreigner Center Multilingual consultation available in English and Chinese. Professional interpreters assist from the first consultation to the conclusion of the case. Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju   Don’t face the legal system alone. Let Majung fight for you!