It is ‘importing’ even if you did not carry it in yourself

When people hear ‘smuggling’, they tend to picture bags being searched at the airport. But most importing cases we see in consultations are not that dramatic. An item ordered from an overseas website is caught at customs while coming by international mail, and a few days later investigators get in touch. The person thinks they merely bought something, but the law treats it as importing.

It is importing the moment it enters the country

Importing narcotics means bringing narcotics into Korea. It is importing not only when you carry them in yourself but also when you order from an overseas seller and receive them by post or express courier, and the fact that you brought them in for your own use does not, on its own, stop it being importing.

So even for the same quantity, the statutory penalty is far heavier than for buying in Korea. Smoking cannabis carries imprisonment of up to five years or a fine of up to 50 million won, but importing cannabis carries life imprisonment or imprisonment of at least five years (Article 58(1)5 of the Narcotics Control Act (마약류관리법)). Importing category (b) psychotropics such as methamphetamine, category (a) such as LSD, or narcotics all likewise carry life imprisonment or imprisonment of at least five years.

• Importing narcotics, category (a) or (b) psychotropics, or cannabis: life imprisonment or imprisonment of at least five years (Article 58(1))
• Importing category (c) psychotropics: imprisonment for a definite term of at least one year (Article 59(1)10)
• Importing category (d) psychotropics such as zolpidem: imprisonment of up to ten years or a fine of up to 100 million won (Article 60(1)3)

Even if you never received it, even if you only prepared

Even if it was caught at customs and you never received it, you can be punished for attempted importing (Article 58(3)). Preparation and conspiracy for the crimes in Article 58(1) are also punishable by imprisonment of up to ten years (paragraph (4)), so whether it is a completed offense, an attempt or preparation depends on what you did at which stage, from ordering and paying to specifying the delivery address.

When narcotics are found in international mail or express cargo at customs clearance, investigators sometimes deliver the item as is and identify the recipient. Courts regard opening and inspection for customs clearance as an administrative investigation, so it is hard to have evidence excluded merely because the package was opened without a warrant. Instead, the seizure procedure after receipt and the way the recipient was identified can be examined.

There are value thresholds as well. If the value of imported narcotics or psychotropic drugs is 5 million won or more, Article 11(1) of the Act on the Aggravated Punishment of Specific Crimes (특정범죄가중처벌법) applies, with life imprisonment or imprisonment of at least seven years, and if it is 50 million won or more, life imprisonment or imprisonment of at least ten years. Importing cannabis is not covered by this provision.

In the end, it is a question of what you knew

The crime of importing also requires intent. The first thing disputed is whether you knew it was a narcotic, or at least ordered or received it while thinking it might be. Circumstances such as whether the seller used slang, whether they explained ways to avoid customs, and whether the price was unusually high become the materials for that judgment.

The sentencing guidelines treat importing solely for one's own use as a special mitigating factor in the import and export category. But if you ordered the same item several times or the quantity was enough to share with others, it is hard to have this accepted, so the entire order history should be checked first.