Columns/Criminal
How diet pills bought directly from overseas become ‘importing psychotropics’
Hansol Kim Managing Partner2026.03.03Some medicines that can only be obtained in Korea with a doctor's prescription are sold like health foods in overseas online stores. Quite a few people order them because they are cheaper and more convenient, and then get a call from customs. The first thing to know in these cases is that, even for the same medicine, different provisions apply to holding it in Korea and to bringing it in from abroad.
Even category (d) drugs are a step heavier when imported
If a person who is not a narcotics handler possesses category (d) psychotropic drugs (향정 라목), such as zolpidem or phentermine, the penalty is imprisonment of up to five years or a fine of up to 50 million won (Article 61(1)5 of the Narcotics Control Act (마약류관리법)). But if the same medicine is brought in from abroad, it becomes importing, and the penalty rises to imprisonment of up to ten years or a fine of up to 100 million won (Article 60(1)3).
If the ingredient is a category (a) or (b) psychotropic drug or cannabis, importing carries life imprisonment or imprisonment of at least five years, and for category (c), imprisonment for a definite term of at least one year. So in direct-purchase cases, you can only know the statutory penalty once you have checked which category the tested ingredient falls into, not the product name.
The value threshold must be checked as well. If the value of imported psychotropic drugs exceeds 5 million won, the Act on the Aggravated Punishment of Specific Crimes (특정범죄가중처벌법) may apply, so if you placed several orders, first check the total amount.
Inspection of directly purchased foods has become tighter
With the amendment to the Special Act on Imported Food Safety Control that took effect on January 1, 2026, the Ministry of Food and Drug Safety is now required to inspect overseas direct-purchase foods that may contain narcotic raw materials or ingredients. Jellies or drinks containing cannabis ingredients, and products sold abroad as health foods, are that much more likely to be caught at customs clearance.
The Ministry of Food and Drug Safety provides a service, Overseas Direct Purchase Food Guide (해외직구식품 올바로), where you can check raw materials and ingredients that are blocked from entry. Many cases could be avoided simply by searching the ingredient name once before ordering.
Sometimes customs contacts you and asks you to agree to disposal, but agreeing to disposal does not end the case. Goods confirmed to contain narcotic ingredients may be reported to investigators separately from disposal, and the answers you gave over the phone at that time are later reviewed together with your statements.
Explain that you did not know with the purchase screens
The crime of importing also requires intent, so if you did not know the product contained narcotic ingredients, you can dispute the charge. The description on the sales page, the ingredient labeling, the price, purchase reviews and your search history before and after ordering are the materials for that judgment. Conversely, if the seller used slang or told you to split your orders because customs clearance was difficult, these are circumstances suggesting that you knew.
- Order history and screens of the product page (save them; do not delete them)
- Payment records and conversations with any purchasing agent
- Medical records, if you were taking the same medicine on a prescription in Korea
- A summary of whether you had ordered the same item before
If it was for treatment, your medical records in Korea become important material. If you can explain whether you were seeing a doctor for the same symptoms and why you chose to buy directly from overseas, it becomes easier to show that you brought it in solely for your own use.
This article provides general information and is not legal advice on any individual case. Every case is different, so please seek a consultation.
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