South Korean Supreme Court narcotics rulings

The Supreme Court of South Korea has issued rulings clarifying the application of the Narcotics Control Act regarding drug transactions and mandatory rehabilitation orders.

In one case, the Court ruled that a drug sale is legally established even if the substance is immediately returned and the payment is refunded. The Court upheld a prison sentence for a methamphetamine sale, noting that the transfer of possession was completed upon payment and delivery. However, it overturned a mandatory drug addiction rehabilitation order, ruling that the defendant did not qualify as a ‘narcotics offender’ because the conviction was for trafficking rather than consumption.

In a separate ruling, the Court limited the scope of mandatory rehabilitation education. It determined that individuals charged with receiving narcotics and posting related information online do not qualify as ‘drug offenders’ subject to such orders. The Court clarified that under the Narcotics Control Act, the term is strictly defined as those who have administered, smoked, or ingested narcotics. Consequently, the Court overturned a rehabilitation order for a defendant who was not prosecuted for the actual act of using drugs.