Drug Crimes Involving Foreign Nationals

Rising Rates and Diverse Types of Foreign Drug Offenses

Drug crimes committed by foreign nationals in South Korea have surged in recent years. While only 67 foreign drug offenders were imprisoned in 2014, that number jumped to 703 in 2023—more than a tenfold increase—and as of 2024, roughly 41.8% of all foreign national inmates are serving sentences for drug offenses. This upward trend reflects both the growing number of visitors, students, and workers in Korea and the ease of online drug transactions.

Foreign drug offenses take many forms. Beyond simple use or possession, they include:
• Buying or selling drugs and facilitating sales
• Smuggling or importing via international courier
• Manufacturing and distribution

The range of substances has also expanded. In addition to traditional drugs such as cannabis and methamphetamine (philopon), synthetic drugs like “yaba” (popular in Southeast Asia) and MDMA (ecstasy) are increasingly detected. Patterns vary by nationality: Southeast Asian nationals are often caught smuggling and using philopon-type yaba via mail, while those from post-Soviet states (e.g., Uzbekistan, Russia) frequently smuggle cannabis for group consumption. Whereas American and Chinese nationals once comprised the majority of foreign drug offenders, the share of Thai, Vietnamese, and other Southeast Asian perpetrators has risen significantly, diversifying the nationality profile of these cases.

Foreign drug crimes are growing in both number and complexity. YeoHae Law Firm stands ready to defend foreign nationals under investigation or indictment for drug offenses—from the earliest stages of police questioning through trial and deportation review—to minimize criminal penalties and prevent deportation.

Korean Drug Law Penalties and Law Enforcement Perspective

South Korea imposes very strict penalties for drug offenses. Under the Narcotics Control Act, simple use or possession of controlled substances such as methamphetamine, cocaine, or heroin carries a mandatory minimum sentence of one year’s imprisonment, while trafficking, brokering, manufacturing, or import/export can result in five years to life behind bars.

Cannabis users face up to five years’ imprisonment or a fine of up to ₩50 million, and selling or importing cannabis carries at least one year in prison. Even first-time offenders risk prison time depending on the quantity and type of drug, and foreign defendants face additional immigration consequences—such as travel bans and deportation—making careful legal strategy essential.

Law enforcement often treats foreign suspects more rigorously than Korean nationals, even for mere possession or use. Investigators will typically explore whether the suspect participated in organized smuggling or distribution, interrogating foreign nationals in greater depth and seeking ties to criminal networks. Without prompt legal guidance, a seemingly minor charge can escalate into serious trafficking allegations, so it is crucial to clearly define the scope of the accusation and demonstrate your limited or non-culpable involvement from the outset.

Success Stories

Below are sample cases (anonymized) showcasing our approach and results:

Case 1: A-student charged with drug smuggling—but acquitted

A Vietnamese exchange student (A) agreed to accept a package for a friend, believing it contained food. Customs discovered methamphetamine inside and arrested him for smuggling. We proved he lacked any knowledge of the contents, using chat logs and patterns of similar requests by the friend. With no other incriminating evidence on his phone or in his belongings, the court found him not guilty, and A was released after two months in detention, able to resume his studies.

Case 2: U.S. business traveler caught with medical cannabis—suspended sentence

A U.S. national (B) arriving at Incheon Airport was found carrying a small amount of medically prescribed cannabis and a vaporizer. He had no intent to distribute. We produced his doctor’s prescription and medical records, highlighted his clean record, and argued therapeutic necessity. The court imposed a one-year prison term suspended for two years, and B then completed the deportation review under voluntary departure, receiving a minimal entry ban so he could return to Korea for business.

Case 3: Restaurant worker falsely accused of smuggling—no charges

A Thai national (C) had a never-ordered international parcel seized by customs. Despite no connection to the shipment, customs investigated him for drug importation. We obtained his call logs and social-media records showing no involvement, demonstrated that the sender had spoofed his address, and showed he was absent when the package arrived. The prosecutor determined there was no case and dropped all charges, allowing C to avoid any criminal or immigration penalties.

Case 4: Tourist arrested after in-room drug use—suspended sentence with treatment

A Russian tourist (D) was arrested in a Seoul hotel room for in-room meth use. With clear test results, he faced near-certain imprisonment. We highlighted his acute stress, language barriers, and short remaining stay in Korea, and submitted his commitment to enter an addiction treatment program upon returning home, supported by letters from family. The court granted a sentence postponement (conditional suspension), leading to immediate release with no criminal record and voluntary departure.

Yeohae Law Firm – Specialists in Foreigners’ Cases

YeoHae Law Firm has an experienced team of criminal defense lawyers who have successfully handled many criminal cases for foreign clients.

We provide one-stop legal services from the police investigation stage to the trial and immigration response, which is crucial in traffic accident criminal cases.

In particular, we provide language support services through professional interpreters in English, Chinese, Russian, Vietnamese, and other languages to solve communication problems for foreign clients.
Clients can fully explain their cases and receive advice in their own language, and legal documents and statements are accurately translated and interpreted.

YeoHae Law Firm has successfully defended various traffic criminal cases such as alien drunk driving cases, alien driving without a license, alien retaliatory driving, and alien traffic fatality cases, resulting in reduced fines, probationary sentences, and deferred prosecution.

With our understanding of the immigration process, we are also committed to defending your status of residence so that you can continue to live in Korea even after the criminal case is concluded.
From the initial consultation to the conclusion of your case, you will be assigned a dedicated attorney to keep you informed of the progress of your case, and we will continue to communicate with you via email and video conferencing, even if you have temporarily returned to Korea.

We will be your reliable legal partner with a wealth of know-how to ensure that you are not unfairly penalized for being a foreigner.

Discover over 10 years of proven success across a wide range of cases.

Frequently Asked Questions (FAQ)

Q: I received a police summons as a witness or suspect in a drug case. What should I do?

A: Consult a lawyer immediately. Confirm whether you are summoned as a witness or suspect. Your attorney can coordinate with police to arrange a convenient date, request a postponement, and accompany you to the interview. Preparing answers in advance helps you avoid self-incriminating statements. Failure to appear can trigger a warrant and forced detention, so comply with the summons but do so with legal guidance.

Q: How are drug tests conducted by police? Will they search my body and belongings?

A: Drug investigations often involve rigorous searches of your person and possessions. With a warrant, authorities can search your home, vehicle, phone, and more. Upon arrest, they will inspect any bags, wallets, or devices you carry. Standard drug tests include urine and hair analyses—urine detects recent use, while hair can reveal drug use over months. All tests are performed by the National Forensic Service, and positive results are critical prosecution evidence. You have the right to have your lawyer present and to challenge any unlawful testing procedures (e.g., warrantless blood draws).

Q: Should I admit guilt to seek leniency, or deny all charges?

A: It depends on your case. When evidence is overwhelming and you genuinely accept responsibility, admitting guilt and expressing remorse—along with demonstrating efforts to prevent reoffending (such as treatment)—can help secure a lighter sentence. Conversely, if the charges are exaggerated or factually wrong, you must vigorously contest them. A criminal defense lawyer will advise you on which aspects to admit and where to challenge, crafting a strategic defense tailored to your situation.

Q: What sentences do drug offenses carry in Korea?

A: Sentences vary by drug type, offense category (use, possession, sale, import/export), and prior record. Under the Narcotics Control Act, simple philopon or heroin use/possession carries at least one year’s imprisonment; trafficking or import/export runs five years to life. Cannabis use can bring up to five years’ imprisonment or a ₩50 million fine, and cannabis sales or import carry at least one year in prison. First-time offenders with small quantities often receive suspended sentences, but serious trafficking cases usually result in actual prison time. Consult a specialist to assess your case against sentencing guidelines and precedents.

Q: Can I avoid prosecution or secure a lighter sentence?

A: Yes. Early in the investigation, your lawyer can argue for prosecution suspension (non-filing) if you are a first-time, minor offender. If indicted, mitigation strategies include showing sincere remorse, voluntary surrender, cooperation with authorities, no prior record, minimal role, and limited harm caused. Proposing community service, donations, or treatment programs can support leniency. Bail can help you remain free during trial, which courts view favorably when deciding sentences.

Q: Will a conviction automatically lead to deportation?

A: Not automatically, but deportation is a significant risk. Under immigration law, any foreigner sentenced to imprisonment—whether served or suspended—can face a deportation order by the Minister of Justice. In practice, after serving a prison term, you are transferred to immigration custody for removal. Those receiving suspended sentences or fines undergo a case‐by‐case review by the Immigration Review Board, which considers the crime’s severity, social danger, and your ties in Korea. In some humanitarian cases—for instance, having a Korean spouse or minor children—a less severe outcome (voluntary departure or shortened ban) may be negotiated. Coordinating criminal defense and immigration advocacy is essential.

Q: Do I really need a lawyer? What about cost concerns?

A: We strongly recommend hiring counsel. Drug cases are legally and procedurally complex, and foreign nationals often face language barriers and cultural misunderstandings that can worsen outcomes. Experienced foreign drug defense lawyers offer one-stop representation—from investigation to trial and immigration proceedings—and tailor strategies to your circumstances. While legal fees may seem steep, they are a critical investment to avoid imprisonment, prolonged detention, and deportation, which carry far greater personal and financial costs. We offer honest estimates of likely expenses versus benefits and provide online consultations for your convenience.

Q: Will I get interpretation support if I hire your firm?

A: Absolutely. Although police and courts may appoint interpreters, they often lack legal terminology expertise or sufficient availability. Our in-house interpreters—fluent in English, Vietnamese, Thai, Russian, Chinese, and Japanese—work directly with your attorney to ensure accurate communication of your statements, legal arguments, and procedural details at every stage. This coordinated team approach eliminates misunderstandings and safeguards your right to full participation in your defense.

Nationwide Legal Support

We are equipped to handle cases at police departments, prosecutors’ offices, courts, and immigration offices across the country. With litigation expertise in nearly 30 courts nationwide, we also offer convenient online consultations—no in-person visits required.

Outstanding Attorney Award by the Korean Bar Association

Yeohae Law Firm (led by Representative Attorney Kim Pyoungho) has been honored with the Outstanding Attorney Award by the Korean Bar Association for exemplary advocacy, among other merits.

Awards and Certifications