The Story Behind Korea’s Laws: Your Guide to Korea’s Legal Pulse
SEOUL, Nov. 25 (Korea Bizwire) — South Korea’s Supreme Court has ruled for the first time that a person can be criminally punished for possessing or transferring a package they believe contains illegal drugs, even if the package in fact contains no narcotics.
The decision broadens the scope of liability under the country’s narcotics laws and reflects a stricter approach toward drug trafficking networks.
According to legal officials on Nov. 25, the Supreme Court’s Third Division upheld a three-year prison sentence for a 32-year-old man surnamed Jeong, convicted of violating the Narcotics Trafficking Prevention Act and the Act on the Aggravated Punishment of Specific Crimes.
In July last year, Jeong picked up an international parcel in Ansan, believing it was filled with narcotics at the instruction of a drug dealer. The package, however, contained only a toy — customs officers had already intercepted and removed the drugs — but Jeong was unaware of this when he collected it.
Under Article 9-2 of the Narcotics Trafficking Prevention Act, a person who “recognizes a substance or other item as a narcotic” and transfers, receives, or possesses it for the purpose of committing a drug crime may face up to five years in prison or a fine of up to 5 million won.
The legal question centered on the meaning of “other item recognized as a narcotic.”
The Supreme Court ruled that the statute does not limit what constitutes an “item,” nor does it hinge on the object’s shape or characteristics. “If an item is perceived as containing narcotics, it falls within the scope of the provision,” the court said.
The justices noted that drug crimes typically involve packages with concealed contents, and that the risk level and need for punishment are identical regardless of whether the item actually contains illegal substances.
Therefore, the court concluded, it is reasonable to deem the law violated “even when a box believed to contain narcotics is transferred or possessed, despite no narcotics being present inside.”
The ruling signals a tougher legal stance against individuals who act as couriers or facilitators in drug trafficking operations, even when the substance is absent — a move prosecutors say is necessary to combat increasingly sophisticated smuggling methods.
Jerry M. Kim (jerry_kim@koreabizwire.com)
