Calculators & Self-ChecksProsecution Request Estimator
Importing food without an import report, or running an unregistered imported food business: statutory penalty and likely requested sentence
The statutory penalty for Importing food without an import report, or running an unregistered imported food business and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 50 million (both may be imposed)
- Legal basis
- Special Act on Imported Food Safety Control, Article 42(1) and (2)
- Category
- Food and health · Special Act on Imported Food Safety Control
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
If the import or sales amount is KRW 100 million or more, or KRW 50 million or more with a prior conviction of the same type, detention may be considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more in prison
As a rule, a fine is imposed together.
Summary fine
- Likely fine
- KRW 1 million or more
Summary fine
- Likely fine
- KRW 3 million or more
The standard is 30% of the import or sales amount or the profit gained, whichever is higher.
Notes
- Since February 2016, food import reports have been governed by this Act instead of the Food Sanitation Act.
Frequently asked questions
- Importing food without an import report, or running an unregistered imported food business: what is the statutory penalty?
- Legal basis: Special Act on Imported Food Safety Control, Article 42(1) and (2). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million (both may be imposed).
- Importing food without an import report, or running an unregistered imported food business: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Selling medicines outside a pharmacy
- Selling medicines without a license
- Manufacturing or selling illicit medicines (unlicensed, etc.)
- Practicing medicine without a license
- Massage without a qualification (worker or owner)
- Running a public health business without reporting it (lodging, bathhouse, barber or beauty, laundry, etc.)
- Running a barber or beauty business without a license, lending a license, etc.
- Running a restaurant without reporting it, or not reporting a business takeover
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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