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NARCOTICS CONTROL ACT

Act No. 6146, Jan. 12, 2000

Amended by Act No. 6824, Dec. 26, 2002

Act No. 7098, Jan. 20, 2004

Act No. 8852, Feb. 29, 2008

Act No. 9024, Mar. 28, 2008

Act No. 9717, May 27, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10786, jun. 7, 2011

Act No. 11461, jun. 1, 2012

Act No. 11862, jun. 4, 2013

Act No. 13331, May 18, 2015

Act No. 13383, jun. 22, 2015

Act No. 14019, Feb. 3, 2016

Act No. 14353, Dec. 2, 2016

Act No. 14834, Apr. 18, 2017

Act No. 15481, Mar. 13, 2018

Act No. 15939, Dec. 11, 2018

Act No. 16714, Dec. 3, 2019

Act No. 17091, Mar. 24, 2020

Act No. 17190, Mar. 31, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the health of the general public by placing narcotic drugs, psychotropic substances, cannabis, or precursors under appropriate control and handling, thus preventing harm or danger to the public health that may arise from the misuse or abuse thereof.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Jun. 3, 2016; Apr. 18, 2017>
1. The term "narcotics" means narcotic drugs, psychotropic substances, and cannabis;
2. The term "narcotic drugs” means any of the following substances:
(a) Poppy: The plant of the species Papaver Somniferum L., Papaver Setigerum DC., or Papaver bracteatum of Papaveraceae;
(b) Opium: The coagulated sap extracted from poppy and its processed substance: Provided, That this shall exclude the substances processed into pharmaceutical products;
(c) Coca leaves: The leaves of coca shrub (referring to all plants of the species Erythroxylon): Provided, That this shall not apply to the coca leaves from which ecgonine, cocaine, and ecgonine alkaloids have been entirely removed;
(d) All alkaloids extracted from poppy, opium, or coca leaves and chemical compounds similar thereto, as determined by Presidential Decree;
(e) Chemical compounds which are not specified in items (a) through (d) but are equally likely to be abused or to cause harmful effects, as determined by Presidential Decree;
(f) A mixture or concoction that contains substances as listed in items (a) through (e): Provided, That this shall exclude a mixture or concoction that cannot be re-manufactured or re-prepared as any of the drugs or substances listed in items (a) through (e) because it has been blended with other pharmaceuticals or substances and that does not cause any physical or psychological dependence, which is prescribed by Ordinance of the Prime Minister (hereinafter referred to as "ultra-narcotic drugs");
3. The term "psychotropic substance" means a drug that may affect the human central nervous system, thus deemed, if misused or abused, to cause serious harm or danger to human body, and that falls under any of the following items and shall be determined by Presidential Decree:
(a) A drug or a substance containing such a drug which has a high potential for misuse or abuse and currently has no accepted medical use in treatment, any misuse or abuse of which may lead to severe physical or psychological dependence due to lack of safety;
(b) A drug or a substance containing such a drug which has a high potential for misuse or abuse and has a very limited medical use in treatment, any misuse or abuse of which may lead to severe physical or psychological dependence;
(c) A drug or a substance containing such a drug which has relatively lower potential for misuse or abuse than those listed in items (a) and (b) and currently has an accepted medical use in medical treatment, any misuse or abuse of which may lead to mild physical or severe psychological dependence;
(d) A drug or a substance containing such a drug which has relatively lower potential for misuse or abuse than the drug or substance listed in item (c) and currently has an accepted medical use in treatment, any misuse or abuse of which may lead to milder physical or psychological dependence than the drug or substance listed in item (c);
(e) A mixture or concoction that contains drugs or substances listed in items (a) through (d): Provided, That this shall exclude a mixture or concoction that cannot be re-manufactured or re-prepared as any of the drugs or substances listed in items (a) through (d) because it has been blended with other pharmaceuticals or substances and that does not cause any physical or psychological dependence, which is prescribed by Ordinance of the Prime Minister;
4. The term "cannabis" means any of the following substances: Provided, That this shall exclude the seeds and roots of the cannabis plant (referring to Cannabis sativa L.; hereinafter the same shall apply), the mature stalks of such plant, and the products manufactured using them:
(a) The cannabis plant and the resin extracted therefrom;
(b) All the products manufactured using the cannabis plant or its resin as their raw materials;
(c) Chemical compounds, similar to those specified in item (a) or (b), which shall be determined by Presidential Decree;
(d) A mixture or concoction that contains substances specified in items (a) through (c);
5. The term "person handling narcotics" means a person who falls under any of the following items (a) through (g) and has been permitted or designated under this Act, and also a person who falls under any of the following items (h) and (i):
(a) An exporter and importer of narcotics: Referring to a person who is in the business of export and import of narcotic drugs or psychotropic substances;
(b) A manufacturer of narcotics: Referring to a person who is in the business of manufacturing narcotic drugs or psychotropic substances (including preparations and subdivisions thereof; hereinafter the same shall apply);
(c) A user of raw materials of narcotics: Referring to a person who uses narcotic drugs or psychotropic substances as raw materials in manufacturing ultra-narcotic drugs or pharmaceuticals;
(d) A cultivator of the cannabis plant: Referring to a person who cultivates the cannabis plant for the purpose of collecting fibers or seeds therefrom;
(e) A wholesaler of narcotics: Referring to a person who is in the business of sale of narcotic drugs or psychotropic substances to the retailers of narcotics, medical practitioners handling narcotics, managers of narcotics, or academic researchers handling narcotics;
(f) A manager of narcotics: Referring to a pharmacist working for a medical institution under the Medical Service Act (hereinafter referred to as "medical institution") who is responsible for preparing, giving or receiving, and controlling of narcotic drugs or psychotropic substances that are administered, or provided for administration, to the patients at the medical institution;
(g) An academic researcher handling narcotics: Referring to a person who uses narcotic drugs or psychotropic substances, cultivates the cannabis plants, or imports and uses cannabis for the purposes of academic research;
(h) A retailer of narcotics: Referring to a person who is, as a manager of a drug store registered and opened under the Pharmaceutical Affairs Act, in the business of sale of narcotic drugs or psychotropic substances prepared according to prescriptions issued by a medical practitioner handling narcotics;
(i) A medical practitioner handling narcotics: Referring to a person who is, for the purpose of medical treatment or animal care, obliged to administer narcotic drugs or psychotropic substances, provide them for administration, or issue prescriptions therefor, as a physician, dentist, or oriental medical doctor working for a medical institution in the service of medical treatment, or as a veterinarian engaged in the care of animals under the Veterinarians Act;
6. The term "precursor" means a substance, which is not of narcotics, used for the manufacture of narcotic drugs or psychotropic substances, which are prescribed by Presidential Decree;
7. The term "person handling precursors" means a person who is engaged in the manufacture, export and import, or trade of precursors or otherwise uses such precursors;
8. The term "narcotics for military use" means the narcotics that are managed by the Ministry of Defense, by the agencies under its direct control, and by the Army, Navy, and Air Force;
9. The term "treatment and protection" means hospital treatment and outpatient treatment for the rehabilitation of a narcotic addict as a healthy member of society by helping the addict to overcome his/her psychological and physical dependence on narcotics and preventing a relapse.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 2-2 (Responsibilities of the State)
(1) The State and local governments shall take necessary measures such as research, investigation, etc. for the purposes of preventing the citizens from abusing narcotics and facilitating the treatment and protection of narcotic addicts, and their return to society.
(2) All citizens shall be aware that a narcotic addict is subject to treatment, and shall cooperate in helping such addict to become a healthy member of society.
[This Article Wholly Amended on Jun. 7, 2011]
[Moved from Article 3-2 <Jun. 7, 2011>]
 Article 2-3 (Narcotics Eradication Day)
(1) June 26 of each year shall be designated as Narcotics Eradication Day to enhance the social awareness of the narcotics misuse and abuse and prevent crimes related to narcotics.
(2) The State and local governments may conduct the events, and education and campaign projects, which are consistent with the purport of the Narcotics Eradication Day.
(3) Matters necessary for the events, and education and campaign projects for the Narcotics Eradication Day under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 18, 2017]
 Article 3 (General Prohibition of Acts)
No person shall engage in any of the following acts: <Amended on Mar. 23, 2013; Feb. 3, 2016; Dec. 2, 2016; Mar. 13, 2018; Dec. 11, 2018>
1. Using narcotics that is not allowed under this Act;
2. Cultivating plants used as raw materials for narcotic drugs, or carrying, possessing, managing, exporting, importing, giving or receiving of, trading, or assisting in the trade of any raw materials, seeds, or seedlings that contain narcotic ingredients of such plants, or extracting narcotic ingredients therefrom: Provided, That the same shall not apply where such acts are approved by the Minister of Food and Drug Safety as prescribed by Presidential Decree;
3. Carrying, possessing, managing, importing, manufacturing, trading, assisting in trade of, giving or receiving, transporting, using, administering, or providing for administration of, the heroin, its salts, or other substances containing such salts: Provided, That the same shall not apply where such acts are approved by the Minister of Food and Drug Safety as prescribed by Presidential Decree;
4. Manufacturing, exporting, importing, trading, assisting in trade of, giving or receiving, carrying, possessing, or using, precursors in an attempt to manufacture narcotic drugs or psychotropic substances: Provided, That the same shall not apply where such acts are approved by the Minister of Food and Drug Safety as prescribed by Presidential Decree;
5. Carrying, possessing, using, managing, exporting, importing, manufacturing, trading, assisting in trade of, or giving or receiving, psychotropic substances referred to in subparagraph 3 (a) of Article 2 or psychotropic substances containing them: Provided, That the same shall not apply where such acts are approved by the Minister of Food and Drug Safety as prescribed by Presidential Decree;
6. Extracting psychotropic ingredients from plants or mushrooms used as raw materials for psychotropic substances referred to in subparagraph 3 (a) of Article 2; exporting, importing, trading, assisting in trade of, giving or receiving, or smoking or ingesting such plants or mushrooms; or possessing or owning these plants or mushrooms for the purpose of smoking or consumption: Provided, That the same shall not apply where such acts are approved by the Minister of Food and Drug Safety as prescribed by Presidential Decree;
7. Exporting, importing, manufacturing, trading, or arranging the trade of cannabis: Provided, That the same shall not apply where such acts are approved by the Minister of Food and Drug Safety for public duties, academic research or medical purposes as prescribed by Presidential Decree;
8. Deleted; <Feb. 3, 2016>
9. Deleted; <Feb. 3, 2016>
10. Any of the following acts:
(a) Smoking or ingesting cannabis or cannabis seed coats (excluding where a person ingests them for medical purposes pursuant to the proviso of subparagraph 7);
(b) Carrying cannabis, its seeds, or its seed coats to commit any act set forth in item (a);
(c) Trading cannabis seeds or cannabis seed coats or providing assistance in the trade thereof, with the knowledge of an intent to commit any act set forth in item (a) or (b);
11. Providing other persons with places, facilities, equipment, funds, or means of transportation for any prohibited act under Article 4 (1) or subparagraphs 1 through 10 of this Article;
12. Disseminating or presenting information on the following prohibited acts to other persons in a manner prescribed in subparagraph 2 of Article 2 of the Act on Fair Labeling and Advertising:
(a) Acts prohibited under subparagraphs 1 through 11;
(b) Acts prohibited under Article 4 (1) or (3);
(c) Acts prohibited under Article 5 (1) or (2);
(d) Acts prohibited under Article 5-2 (5).
[This Article Wholly Amended on Jun. 7, 2011]
 Article 3-2
[Previous Article 3-2 moved to Article 2-2 <Jun. 7, 2011>]
 Article 4 (Prohibition of Handling Narcotics by Persons Other than Persons Handling Narcotics)
(1) No person other than a person handling narcotics shall engage in any of the following acts:
1. Possessing, owning, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, assisting in trade of, or delivering narcotic drugs or psychotropic substances;
2. Cultivating, possessing, owning, giving or receiving, transporting, storing, or using cannabis;
3. Issuing prescriptions for narcotic drugs or psychotropic substances;
4. Manufacturing ultra-narcotic drugs.
(2) Notwithstanding paragraph (1), a person other than a person handling narcotics may handle narcotics in any of the following cases: <Amended on Mar. 23, 2013; Dec. 11, 2018>
1. Where a person possesses narcotic drugs or psychotropic substances administered by a medical practitioner handling narcotics in accordance with this Act;
2. Where a person possesses the narcotic drugs or psychotropic substances purchased from, or transferred by, a retailer of narcotics in accordance with this Act;
3. Where a person transports, stores, possesses, or controls narcotics on behalf of a person handling narcotics under this Act;
4. Where a public official controls narcotics that are seized, collected, or confiscated, in the course of performing his/her public duties;
5. Where a person disqualified from handling narcotics possesses narcotics before they are transferred to a person handling narcotics under Article 13;
6. Where a person transports, stores or possesses cannabis for medical purposes pursuant to the proviso of subparagraph 7 of Article 3;
7. Other cases where any act is approved by the Ministry of Food and Drug Safety as determined by Ordinance of the Prime Minister.
(3) A person handling narcotics shall handle narcotics pursuant to this Act: Provided, That this shall not apply where approval has been obtained from the Minister of Food and Drug Safety as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(4) A person who intends to transport, store, or possess cannabis under paragraph (2) 3 shall file a report with a Special Self-Governing City Mayor, the head of a Si (including the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), the head of a Gun, or the head of a Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). In such cases, a Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall review the contents thereof, and accept the report if it complies with this Act. <Amended on Mar. 23, 2013; Feb. 3, 2016; Dec. 11, 2018>
(5) Matters necessary for the procedure for reporting, and method of transportation, storage, or possession under the former part of paragraph (4) shall be prescribed by Ordinance of the Prime Minister. <Newly Inserted on Feb. 3, 2016; Dec. 11, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 5 (Restrictions on Handling Narcotics)
(1) No person handling narcotics shall commit any act stipulated in each subparagraph of Article 4 (1) for purposes other than his/her business or services.
(2) No person who possesses, owns, transports, or controls narcotics or temporary narcotics under this Act shall use them for other than the original purposes. <Amended on Mar. 13, 2018>
(3) In any of the following cases, the Minister of Food and Drug Safety may prohibit or restrict the export, import, manufacture, sale, or use of narcotics (excluding cannabis) or temporary narcotics or may take other necessary measures, if deemed necessary for the public interest: <Amended on Mar. 23, 2013; Mar. 13, 2018>
1. Where deemed unnecessary to manufacture, export, or import narcotic drugs or psychotropic substances, taking into account their domestic demand and inventories;
2. Where deemed unnecessary for other manufacturers or importers to manufacture or import narcotic drugs or psychotropic substances of the same kind or item as those already manufactured or imported, taking into account domestic conditions of supply and demand, etc.;
3. Where deemed that narcotic drugs or psychotropic substances have been abused in excess of the quantity stated in the certificates of permission for narcotic items;
4. Where narcotic drugs or psychotropic substances are administered or provided for administration, on a long-term or continued basis, to such a level likely to cause physical or psychological dependence on narcotic drugs or psychotropic substances;
5. Other cases prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
[Title Amended on Mar. 13, 2018]
 Article 5-2 (Designation of Temporary Narcotics)
(1) Where it is likely that the misuse or abuse of non-narcotic substances, drugs, drug compounds, products, etc. (hereafter in this Article, referred to as "substances, etc.") will cause harm or danger to the public health and it is deemed necessary to urgently handle or control them in a manner equivalent to the handling and control of narcotics, the Minister of Food and Drug Safety may designate such substances, etc. as temporary narcotics. In such cases, temporary narcotics shall be classified and designated as provided in the following: <Amended on Mar. 23, 2013; Mar. 13, 2018>
1. Group 1 temporary narcotics: Substances highly likely to result in physical or psychological harm or danger, by affecting the central nervous system, or causing dependence on them, similar to narcotics in structure and effect;
2. Group 2 temporary narcotics: Substances likely to result in physical or psychological harm or danger by causing dependence thereon.
(2) Any of the following pharmaceutical products shall be excluded from designation as temporary narcotics, notwithstanding paragraph (1): <Newly Inserted on Mar. 13, 2018>
1. A pharmaceutical product for which permission for an item has been obtained from or a report on an item has been filed with, the Minister of Food and Drug Safety under Article 31 (2) and (3) of the Pharmaceutical Affairs Act;
2. A pharmaceutical product for clinical test which has been approved by the Minister of Food and Drug Safety under Article 34 (1) of the Pharmaceutical Affairs Act.
(3) Where the Minister of Food and Drug Safety intends to designate temporary narcotics, he/she shall consult in advance with relevant agencies determined by Presidential Decree and make a preannouncement of the following matters in the Official Gazette and on the website for at least one month, and where he/she has designated temporary narcotics, the matters set forth in subparagraphs 1 through 3 and 5 shall be publicly announced in the Official Gazette and posted on the website: <Amended on Mar. 23, 2013; Mar. 18, 2014; Mar. 13, 2018>
1. Reasons for designating temporary narcotics;
2. Names of temporary narcotics;
3. Classification of Group 1 temporary narcotics or Group 2 temporary narcotics;
4. Matters concerning the preannouncement of temporary narcotics, such as a preannouncement period for designation of temporary narcotics;
5. Matters concerning the designation of temporary narcotics, such as a designation period of temporary narcotics.
(4) The temporary narcotics preannounced prior to designation in accordance with paragraph (3) (hereinafter referred to as "preannounced temporary narcotics") shall be effective from the day the temporary narcotics are preannounced until the day before the day the designation of temporary narcotics is publicly announced, and where preannounced temporary narcotics are to be designated as temporary narcotics, the designation shall be made, specifying a period of not more than three years: Provided, That temporary narcotics requiring the review of designation as narcotics may be preannounced under paragraph (3) and re-designated as temporary narcotics before the designation period expires. <Amended on Mar. 18, 2014; Mar. 13, 2018>
(5) No person shall conduct any of the following acts with respect to preannounced temporary narcotics or temporary narcotics: <Amended on Mar. 13, 2018>
1. Cultivating, extracting, manufacturing, exporting or importing them, or carrying or possessing them for such purposes;
2. Trading, assisting in the trade thereof, giving or receiving, or providing them, or carrying or possessing them for such purposes;
3. Carrying, possessing, using, transporting, controlling, administering, or storing them;
4. Providing other persons with places, facilities, equipment, funds, or means of transportation for the prohibited acts related to Group 1 or Group 2 temporary narcotics.
(6) Any of the following persons may handle preannounced temporary narcotics or temporary narcotics, notwithstanding paragraph (5): <Newly Inserted on Mar. 13, 2018>
1. Where a public official controls preannounced temporary narcotics or temporary narcotics that are seized, collected, or confiscated, in the course of performing his/her public duties;
2. Other cases where a public official handling narcotics for his/her public duties or an academic researcher handling narcotics handles preannounced temporary narcotics or temporary narcotics after obtaining approval therefor from the Minister of Food and Drug Safety as prescribed by Presidential Decree.
[This Article Newly Inserted on Jun. 7, 2011]
 Article 5-3 (Narcotics Safety and Risk Management Deliberative Committee)
(1) A Narcotics Safety and Risk Management Deliberative Committee (hereinafter referred to as the “Deliberative Committee”) shall be established within the Ministry of Food and Drug Safety to deliberate and decide on the following matters:
1. Matters concerning criteria for measures to prevent misuse or abuse of narcotics;
2. Matters concerning criteria for safe use of narcotics;
3. Matters concerning provision and utilization of integrated narcotics information under Article 11-2 (1);
4. Other matters the Minister of Food and Drug Safety deems necessary.
(2) The Deliberative Committee shall consist of up to 30 members including a chairperson, and the Vice Minister of Food and Drug Safety shall serve as the chairperson.
(3) The Minister of Food and Drug Safety shall appoint or commission a committee member from among the following persons:
1. Public officials in charge of safety control of narcotics, criminal investigation, etc.;
2. Persons with expert knowledge in the prevention of misuse or abuse of narcotics;
3. Persons recommended by nonprofit, non-governmental organizations as defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
4. Persons with extensive knowledge and experience in the safety and risk management of narcotics or in the related laws.
(4) Other matters necessary for the operation, etc. of the Deliberative Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 3, 2019]
CHAPTER II PERMISSION
 Article 6 (Permission, etc. for Person Handling Narcotics)
(1) Any person who intends to handle narcotics and meets any of the following qualifications shall obtain permission from the Minister of Food and Drug Safety if he/she falls under subparagraph 1, 2, or 4; and from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") if he/she falls under subparagraph 3; and from a Special Self-Governing City Mayor or the head of a Si/Gun/Gu if he/she falls under subparagraph 5, as prescribed by Ordinance of the Prime Minister. The same shall also apply to modification to any permitted matter: <Amended on Mar. 23, 2013; Jun. 22, 2015; Feb. 3, 2016>
1. An exporter or importer of narcotics: An importer under the Pharmaceutical Affairs Act who has obtained permission for pharmaceutical drug items from or filed a report thereon with the Minister of Food and Drug Safety;
2. A manufacturer of narcotics or a user of raw materials of narcotics: A person who has obtained permission for manufacturing pharmaceutical drugs under the Pharmaceutical Affairs Act;
3. A wholesaler of narcotics: A person who has opened a drug store registered under the Pharmaceutical Affairs Act, or has obtained permission for a wholesaler of pharmaceutical drugs thereunder;
4. An academic researcher handling narcotics: A person who needs the use of narcotics for the purpose of academic research at a research institute, academic institution, etc.;
5. A cannabis cultivator: A farmer referred to in subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry who intends to cultivate cannabis plants for the purpose of collecting fibers or seeds therefrom.
(2) Only a pharmacist working for a medical institution staffed by a medical practitioner handling narcotics who is designated by a Mayor/Do Governor as prescribed by Ordinance of the Prime Minister is eligible to become a manager of narcotics. The same shall also apply where the person intends to modify the designated matters. <Amended on Mar. 23, 2013>
(3) None of the following persons shall obtain permission for working as an exporter or importer of narcotics, an academic researcher handling narcotics, or a cannabis cultivator: <Amended on Mar. 18, 2014; Dec. 11, 2018>
1. A person under adult guardianship, a person under limited guardianship, or a minor;
2. A mentally ill person under subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (excluding a person deemed proper to perform narcotics-related duties by a medical doctor specialized in neuropsychiatry) or an addict to narcotics;
3. A person in whose case three years have not passed since his/her imprisonment without labor or a heavier punishment declared by a court in violation of the Pharmaceutical Affairs Act, the Medical Service Act, the Act on Special Measures for the Control of Public Health Crimes, other statutes related to narcotics or this Act was completely executed or exempted.
(4) Any person in whose case two years have not passed since he/she was subject to the revocation of the permission for a person handling narcotics under Article 44, or any person in whose case one year has not passed since the revocation of the designation as a person handling narcotics thereunder, shall not obtain permission or designation under paragraph (1) or (2): Provided, That the same shall not apply where permission or designation is revoked under paragraph (3) 1. <Amended on Dec. 11, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 6-2 (Permission for Exporting and Importing or Manufacturing Precursors)
(1) A person who intends to export, import or manufacture precursors determined by Presidential Decree for his/her business shall obtain permission from the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister. The same shall also apply to any modification to the permitted matter. <Amended on Mar. 23, 2013; Dec. 11, 2018>
(2) A person who falls under any subparagraph of Article 6 (3) shall not obtain permission for working as an exporter, importer or manufacturer of precursors. <Amended on Dec. 11, 2018>
(3) Article 6 (4) shall apply mutatis mutandis to restriction on permission for working as an exporter, importer or manufacturer of precursors. <Amended on Dec. 11, 2018>
[This Article Newly Inserted on Jun. 7, 2011]
[Title Amended on Dec. 11, 2018]
 Article 7 (Issuance and Registration of Certificates of Permission)
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu who grants permission or designation under Article 6 (1) and (2) or 6-2 (1) (hereinafter referred to as "authorities granting permission"), shall record such fact on the register of persons handling narcotics or exporters, importers or manufacturers of precursors (hereinafter referred to as "exporter, importer, etc. of precursors"), and shall issue certificates of permission or designation letters as prescribed by Ordinance of the Prime Minister. The same shall also apply to any modification to the permitted or designated matters. <Amended on Mar. 23, 2013; Dec. 11, 2018>
(2) Any person who has been permitted or designated under Article 6 (1) and (2) or 6-2 (1) shall, if his/her certificate of permission or designation letter is lost or damaged beyond use, have it reissued as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 8 (Prohibition of Transfer of Certificates of Permission and Reports on Business Closure)
(1) A person handling narcotics shall not lend or transfer to other persons his/her certificate of permission or designation letter.
(2) Where a person handling narcotics or an exporter, importer, etc. of precursors intends to close or suspend business of handling narcotics or exporting, importing or manufacturing precursors, or to reopen the suspended business (hereinafter referred to as "business closure, etc."), he/she shall report it to the relevant authority granting permission, as prescribed by Ordinance of the Prime Minister: Provided, That where the business closure, etc. is reported pursuant to any of the following, the business closure, etc. shall be deemed to have been reported under the main sentence of this paragraph: <Amended on Mar. 23, 2013; Dec. 11, 2018>
1. Where a medical practitioner handling narcotics reports the closure, etc. of his/her medical institution pursuant to Article 40 of the Medical Service Act;
2. Where a retailer of narcotics reports the closure, etc. of his/her drug store pursuant to Article 22 of the Pharmaceutical Affairs Act.
(3) Where a person handling narcotics or an exporter, importer, etc. of precursors falls under any of the following, the following relevant persons shall report the fact and matters prescribed by Ordinance of the Prime Minister, such as the names and quantities of narcotics possessed or precursors, to the relevant authority granting permission, as prescribed by Ordinance of the Prime Minister: <Amended on Mar. 23, 2013; Mar. 18, 2014; Dec. 11, 2018>
1. Where he/she dies: His/her heir (where his/her heir is unclear, referring to the manager of the inherited property; hereinafter the same shall apply);
2. Where he/she becomes a person under adult guardianship or a person under limited guardianship: The guardian;
3. Where a corporation is dissolved: The liquidator;
4. Where academic research tasks are completed: The academic researcher handling narcotics.
(4) Where the head of the relevant authority granting permission receives a report pursuant to the main sentence of paragraph (2), with the exception of the subparagraphs, or paragraph (3), he/she shall review the contents thereof, and accept the report if it complies with this Act. <Newly Inserted on Dec. 11, 2018>
(5) In the case of a violation of paragraph (1), a report of business closure under paragraph (2) or acceptance of a report under paragraph (3), the relevant permission or designation shall become invalidated. <Amended on Dec. 11, 2018>
(6) Where permission for or designation of a person handling narcotics or an exporter, importer, etc. of precursors becomes invalidated pursuant to paragraph (5) or where such permission or designation is revoked or business of a person handling narcotics or an exporter, importer, etc. of precursors is suspended under Article 44, the authority granting permission shall record such fact on the register of the persons handling narcotics, or the exporters, importers, etc. of precursors, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Dec. 11, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
CHAPTER III CONTROL OF NARCOTICS
 Article 9 (Restrictions on Giving or Receiving)
(1) A person handling narcotics or a person who has obtained approval for handling narcotics (referring to a person who has obtained approval for handling narcotics pursuant to subparagraphs 2 through 7 of Article 3, or Article 4 (2) 7; hereinafter the same shall apply) shall not acquire narcotics from any person, other than a person handling narcotics or a person who has obtained approval for handling narcotics: Provided, That this shall not apply where such acquisition has been approved by the authority granting permission pursuant to Article 13. <Amended on Feb. 3, 2016; Dec. 11, 2018>
(2) A person handling narcotics or a person who has obtained approval for handling narcotics shall not transfer narcotics, except as provided in this Act: Provided, That the same shall not apply where the Minister of Food and Drug Safety has approved the transfer in any of the following cases: <Amended on Mar. 23, 2013; May 18, 2015; Feb. 3, 2016>
1. Where he/she intends to transfer narcotic drugs and psychotropic substances possessed, owned, or managed, to other persons handling narcotics due to the revocation of permission for items;
2. Where he/she intends to transfer narcotics to an academic researcher handling narcotics, a person who has obtained approval for handling narcotics, or a person handling narcotics approved pursuant to the proviso of Article 4 (3);
3. Where he/she intends to return narcotic drugs and psychotropic substances owned or managed to the original owner, etc., such as a person handling narcotics, a person who has obtained approval for handling narcotics, or an original owner in a foreign country, due to the suspension of use, etc.
(3) Where a manufacturer of narcotics, a user of raw materials of narcotics, or an academic researcher handling narcotics intends to transfer narcotics (excluding drug compounds) to any other manufacturer of narcotics, user of raw materials of narcotics or academic researcher handling narcotics, he/she shall obtain approval from the Minister of Food and Drug Safety as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 10 Deleted. <Jan. 18, 2015>
 Article 11 (Reporting on Handling Narcotics)
(1) A person handling narcotics or a person approved to handle narcotics shall make a report to the Minister of Food and Drug Safety on the matters regarding the name, quantity, date of use, place of purchase, inventory and serial numbers of narcotic drugs or psychotropic substances that are exported, imported, manufactured, sold, received by transfer, transferred, purchased, used, discarded, dispensed, administered, provided for administration, or used for academic research, and the name of each party to all such transactions referred to (referring to the owner or manager where a narcotic drug or psychotropic substance is dispensed or administered to an animal). In such cases, if a person handling narcotics or a person approved to handle narcotics is the other party regarding the handling of narcotics, the extent of handling, permission or approval number, and permission or approval date shall be reported together with the aforementioned report. <Amended on Dec. 3, 2019>
(2) Except as provided in paragraph (1), a medical practitioner handling narcotics and a retailer of narcotics shall report to the Minister of Food and Drug Safety the following matters: <Amended on Dec. 3, 2019>
1. The resident registration number of a patient (referring to passport numbers or foreigner registration numbers in the case of foreigners; hereinafter the same shall apply) to whom a narcotic drug or psychotropic substance is dispensed, administered, or provided for administration; and a relevant disease classification code according to the Korean Standard Classification of Diseases prepared and publicly notified pursuant to the former part of Article 22 (1) of the Statistics Act (where a narcotic drug or psychotropic substance is dispensed or administered to an animal, referring to the kind of the animal, name of disease, and resident registration number of its owner or care manager);
2. Business name, name and license number of a person who has administered any narcotic drug or psychotropic substance or has provided any such drug for administration, or has issued a prescription containing any narcotic drug or psychotropic substance under Article 32 (2).
(3) Notwithstanding paragraphs (1) and (2), in cases of a medical institution employing a manager of narcotics, with regard to narcotic drugs or psychotropic substances to be administered or provided for administration by either of a medical practitioner handling narcotics or a manager of narcotics at the medical institution, its manager of narcotic drugs shall report to the Minister of Food and Drug Safety by the relevant manager of narcotics.
(4) Notwithstanding paragraph (2), in reporting on the dispensing or administration of narcotics, a medical practitioner handling narcotics or a retailer of narcotics need not report the relevant information to the Minister of Food and Drug Safety in any of the following cases: <Newly Inserted on Dec. 3, 2019>
1. Where the disease classification code or disease name is not specified in the prescription: Relevant disease classification code or disease name (limited to a retailer of narcotics);
2. Where a veterinarian finishes administering a narcotic drug or psychotropic substance in the animal clinic for the purpose of veterinary treatment of an animal: Resident registration number of the owner or care manager of the animal;
3. Where the prescription is not allowed to be disclosed as it is a piece of information related to national security or for security reasons: Name of the patient or the doctor who writes the prescription, or resident registration number of the patient.
(5) Where any modification is to be made to the reported matters under paragraphs (1) through (3), such modification shall be reported. <Amended on Dec. 3, 2019>
(6) Matters to be reported under paragraphs (1) through (3), procedures and timing for reporting therefor, reporting on modification to reported matters under paragraph (5), and other necessary matters shall be prescribed by Ordinance of the Prime Minister. <Amended on Dec. 3, 2019>
[This Article Wholly Amended on May 18, 2015]
 Article 11-2 (Center for Narcotics Information Management)
(1) In order to effectively manage the information, etc. (hereinafter referred to as “integrated narcotics information”) reported pursuant to Article 11 or notified pursuant to Article 13 (2), the Minister of Food and Drug Safety may designate a relevant specialized institution as an institution to be called the Center for Narcotics Information Management (hereinafter referred to as "Information Center") as prescribed by Presidential Decree, and entrust the Information Center with the following duties: <Amended on Dec. 3, 2019>
1. Matters concerning collection, inspection, use and provision of integrated narcotics information;
2. Matters concerning formulation and implementation of a plan for the management of integrated narcotics information;
3. Matters concerning training and publicity of reporting on handling narcotics under Article 11;
4. Matters concerning research, inspection and education with regard to the standardization and utilization of integrated narcotics information;
5. Matters concerning establishment and operation of the narcotics information management system under Article 11-3;
6. Matters concerning examination of functions of external software for use in connection with the narcotics information management system under Article 11-3, and making public the results;
7. Other matters prescribed by Ordinance of the Prime Minister with regard to the management of integrated narcotics information.
(2) The head of the Information Center may request the State, local governments, public institutions, persons handling narcotics or persons approved to handle narcotics to provide electronic information data on resident registration under Article 30 (1) of the Resident Registration Act, computerized information data under Article 11 (4) of the Act on Registration of Family Relations, records on entry and exit into and from Korea, medical records, medicine supply records, etc., which are data related to the undermentioned duties and are prescribed by Presidential Decree (including personal information (referring to the personal information under subparagraph 1 of Article 2 of the Personal Information Protection Act; hereinafter the same shall apply)), only if such data are necessary for performing duties under paragraph (1), such as ascertaining whether reported information is true, etc., or for analyzing misuse or abuse of narcotics. In such cases, a person in receipt of such request shall comply therewith, unless he/she has good cause not to do so; and the head of the Information Center shall be exempt from use fees, charges, etc. with regard to such provided data. <Amended on Dec. 3, 2019>
(3) The Minister of Food and Drug Safety and the head of the Information Center shall thoroughly manage the information reported under Article 11 and the data and information provided under paragraph (2). <Amended on Dec. 3, 2019>
(4) The Minister of Food and Drug Safety may have the head of the Information Center report on the status of handling and management of narcotics or psychotropic substances.
(5) The Minister of Food and Drug Safety may fully or partially subsidize expenses used for the operation, etc. of the Information Center.
(6) Detailed methods necessary for the examination of functions of external software under paragraph (1) 6 and criteria therefor shall be determined by the Minister of Food and Drug Safety. <Newly Inserted on Dec. 3, 2019>
(7) Other matters necessary for the operation, etc. of the Information Center shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019>
[This Article Newly Inserted on May 18, 2015]
 Article 11-3 (Construction and Operation of Narcotics Information Management System)
(1) In order to effectively manage integrated narcotics information, etc., the Minister of Food and Drug Safety shall establish and operate a narcotics information management system (hereinafter referred to as “narcotics information management system”).
(2) Matters necessary for the establishment and operation of the narcotics information management system shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 11-4 (Provision of Integrated Narcotics Information)
(1) In order to prevent misuse or abuse of narcotics, to handle and manage narcotics in a safe manner, the Minister of Food and Drug Safety and the head of the Information Center may provide integrated narcotics information (excluding personal information) to the administrative agencies and public institutions prescribed by Presidential Decree.
(2) The Minister of Food and Drug Safety and the head of the Information Center shall not provide a third party with integrated narcotics information and the data received pursuant to Article 11-2 (2): Provided, That they may provide a third party with the integrated narcotics information, as prescribed by Presidential Decree in any of the following cases:
1. Where a Mayor/Do Governor or the head of a Si/Gun/Gu is in need of the information or data to perform the duties of safety management pursuant to Article 41, such as monitoring of how narcotics are handled;
2. Where the prosecution, police or any other investigative agency requests for data relating to criminal investigation according to a search and seizure warrant issued by the court;
3. Where a medical practitioner handling narcotics makes a request (including request by electronic means) for the details of administration of a narcotic drug or psychotropic substance (referring to the date of administration, ingredients, amount of the dose administered; hereinafter the same shall apply) to prevent misuse or abuse, such as excessive or duplicate prescription of narcotics or psychotropic substances. In this case, the medical practitioner handling narcotics shall, in advance, notify the relevant patient the fact that a request for perusal has been made;
4. Where the Minister of Food and Drug Safety acknowledges that provision of information is necessary for the purpose of public interest. In such case, it shall be deliberated by the Deliberative Committee.
(3) A person who is provided with information pursuant to paragraph (2) shall destroy, without delay, the information when the purpose of demand or request for the information is attained.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 11-5 (Processing and Utilization of Integrated Narcotics Information)
In order to prevent harm to health caused by misuse or abuse of narcotics, the Minister of Food and Drug Safety and the head of the Information Center may process and utilize integrated narcotics information (excluding personal information) as prescribed by Presidential Decree only in any of the following cases:
1. Where they provide relevant administrative agencies, public institutions, etc. with statistical data, etc. concerning misuse or abuse of narcotics in order to let the administrative agencies, public institutions, etc. utilize the statistical data, etc. for the establishment and implementation of relevant policies;
2. Where they intend to curb excessive prescriptions by providing retailers of narcotics or medical practitioners handling narcotics with cases of misuse or abuse of narcotics, statistical data, etc. In such case, which data to be provided, whom data to be provided with, etc. shall be referred to the Deliberative Committee for deliberation and decision;
3. Where statistical data, etc. concerning misuse or abuse of narcotics are provided or made public for research, inspection, education, etc. on the misuse or abuse of narcotics;
4. Where the Minister of Food and Drug Safety acknowledges that processing and utilization of information is necessary for public interest.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 11-6 (Restrictions on Use of Handled Information for other than Duty Purposes and on Provision thereof)
No person who works or has worked for the Ministry of Food and Drug Safety or the Information Center, who performs or has performed services, research or inspection for the establishment and operation of the narcotics information management system, or who is provided with integrated narcotics information pursuant to Article 11-4 or 11-5 may conduct each of the following with regard to such integrated narcotics information that he/she has learned in the course of performing duties:
1. Using personal information for other than duty purposes or providing a third party with such information;
2. Using information other than personal information for other than duty purposes or providing a third party with such information.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 12 (Dealing with Narcotics Involved in Accident)
(1) Any person handling narcotics or any other person who has obtained approval for handling narcotics shall, upon occurrence of any of the following events with respect to narcotics in his/her possession, without delay report the event to the relevant authorities granting permission (in cases of a medical practitioner handling narcotics, it refers to the authorities granting permission, or receiving a report, for the establishment of the medical institution, and in cases of a retailer of narcotics, it refers to the authorities with which the opening of a drug store is registered; hereinafter the same shall apply), as prescribed by Ordinance of the Prime Minister: <Amended on Mar. 23, 2013; Feb. 3, 2016>
1. Losses caused by disasters;
2. Missing or thefts;
3. Deterioration, decomposition or damages.
(2) Where any person handling narcotics or any other person who has obtained approval for handling narcotics intends to discard narcotics in his/her possession for any of the following reasons, he/she shall do so in accordance with Ordinance of the Prime Minister: <Amended on Mar. 23, 2013; Feb. 3, 2016>
1. A ground under paragraph (1) 3;
2. Expiration of the period of use or the term of validity;
3. A ground which makes it impracticable for inventory control or storage, even if the period of use or the term of validity has not expired.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 13 (Disposal of Narcotics Possessed by Disqualified Persons)
(1) Where a person handling narcotics (excluding a manager of narcotics) is disqualified pursuant to Articles 8 and 44, the person, his/her heir, his/her guardian, the liquidator, and the corporation surviving merger or the newly incorporated corporation after merger shall transfer the narcotics in possession to other persons handling narcotics after obtaining approval from the relevant authority granting permission as prescribed by Ordinance of the Prime Minister: Provided, That where the heir or the relevant corporation is permitted to handle narcotics, he/she or it need not transfer the narcotics after obtaining approval from the relevant authority granting permission, and where the heir to the cannabis cultivator, or the manager, guardian, or the corporation of its inheritance files a report with an intent to become a cannabis cultivator, he/she shall be deemed to have obtained permission under Article 6 (1) 5 limited for the relevant year. <Amended on Mar. 23, 2013; May 18, 2015>
(2) The authority granting permission which has approved the transfer, etc. of narcotic drugs or psychotropic substances under paragraph (1) shall notify the Minister of Food and Drug Safety of such approval as prescribed by Ordinance of the Prime Minister. <Newly inserted by May 18, 2015>
(3) Where a Special Self-Governing City Mayor or the head of a Si/Gun/Gu receives a report under the proviso of paragraph (1), he/she shall review the contents thereof, and accept the report if it complies with this Act. <Newly Inserted on Dec. 11, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 14 (Advertising)
(1) Notwithstanding subparagraph 12 of Article 3, a manufacturer of narcotics or an exporter and importer of narcotics may advertise narcotic drugs or psychotropic substances, which have obtained permission for items pursuant to Article 18 or 21, only by media or means targeting experts, etc. in medical, pharmaceutical, and veterinary science. <Amended on Dec. 2, 2016; Mar. 31, 2020>
(2) The types of media or means for advertising under paragraph (1) are as follows: <Newly Inserted on Mar. 31, 2020>
1. Newspapers or magazines specializing in matters concerning medical, pharmaceutical, and veterinary science;
2. Product catalogs. In such cases, the contents of the explanation shall include information on precautions of use, such as side effects.
(3) The criteria for advertising narcotic drugs or psychotropic substances under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Dec. 2, 2016; Mar. 31, 2020>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 15 (Storage of Narcotics)
A person handling narcotics, a person who has obtained approval for handling narcotics, or a person who handles narcotics, preannounced temporary narcotics, or temporary narcotics in accordance with Article 4 (2) 3 through 5 and Article 5-2 (6) shall store narcotics, preannounced temporary narcotics, or temporary narcotics that the person keeps, possesses, or controls, separately from other pharmaceutical products, as prescribed by Ordinance of the Prime Minister. In such cases, narcotic drugs shall be stored at a durable place with a locking device. <Amended on Mar. 23, 2013; Mar. 18, 2014; Feb. 3, 2016; Mar. 13, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 16 (Sealing)
(1) When any of the following persons sells, exports, or transfers narcotics, he/she shall seal the containers or packaging. In such cases, the seal shall be such that the containers or packaging cannot be opened without breaking the seal, and, after opening, it is difficult to recover to the original state: <Amended on Mar. 23, 2013; Feb. 3, 2016>
1. An exporter and importer of narcotics;
2. A manufacturer of narcotics;
3. A user of raw materials of narcotics;
4. An academic researcher handling narcotics;
5. A person who has obtained approval for handling narcotics.
(2) A person handling narcotics or a person who has obtained approval for handling narcotics shall not give or receive any narcotics that are not sealed pursuant to paragraph (1): Provided, That this shall not apply to any of the following cases: <Amended on Mar. 23, 2013; Feb. 3, 2016>
1. Where a person handling narcotics returns narcotic drugs or psychotropic substances that have been possessed or managed under Article 9 (2) 3 to a person handling narcotics such as an original owner;
2. Where approval has been obtained from the Minister of Food and Drug Safety on grounds prescribed by Presidential Decree, such as where narcotics in possession under Article 13 are transferred to a person handling narcotics.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 17 (Information Printed on Containers)
(1) Matters determined by Ordinance of the Prime Minister shall be stated on the containers and packaging of narcotic drugs, psychotropic substances, and ultra-narcotic drugs or accompanying documents. <Amended on Mar. 23, 2013; Feb. 3, 2016>
(2) Letters such as “narcotic drugs” or “psychotropic substances” marked in red color shall be indicated on the containers and packaging of narcotic drugs and psychotropic substances, and its accompanying documents, in a place more readily recognizable than other letters, articles, pictures, or designs, as prescribed by Ordinance of the Prime Minister. <Newly Inserted on Feb. 3, 2016>
[This Article Wholly Amended on Jun. 7, 2011]
CHAPTER IV PERSONS HANDLING NARCOTICS
 Article 18 (Permission, etc. for Export and Import of Narcotics)
(1) No person, other than an exporter and importer of narcotics, shall export or import narcotic drugs or psychotropic substances.
(2) Where exporters and importers of narcotics intend to export and import narcotic drugs or psychotropic substances, they shall obtain the following permission or approval, as prescribed by Ordinance of the Prime Minister: <Amended on Mar. 23, 2013; Mar. 18, 2014>
1. Permission from the Minister of Food and Drug Safety for each item. The same shall also apply to modification to any permitted matter;
2. Approval from the Minister of Food and Drug Safety for each export or import transaction. The same shall also apply to modification to any approved matter.
(3) If the application for permission under paragraph (2) is deemed appropriate based on the result of examination, the Minister of Food and Drug Safety shall grant the permission. <Amended on Mar. 23, 2013>
(4) In cases of paragraph (2), any person, in whose case one year has not passed since permission for an item was revoked under Article 44, shall not be granted permission for the same item: Provided, That revocation of permission for an item under Article 6 (3) 1 shall be excluded. <Amended on Dec. 11, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 19 Deleted. <May 18, 2015>
 Article 20 (Sale of Imported Narcotics)
No exporter and importer of narcotics shall sell the imported narcotic drugs or psychotropic substances to any person other than a manufacturer of narcotics, user of raw materials of narcotics, and wholesaler of narcotics.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 21 (Permission for Manufacture of Narcotics)
(1) No person other than a manufacturer of narcotics shall manufacture narcotic drugs and psychotropic substances.
(2) Where a manufacturer of narcotics intends to manufacture narcotic drugs or psychotropic substances, the manufacturer shall obtain permission for each item he/she intends to manufacture from the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister. The same shall apply to modification to any permitted matter. <Amended on Mar. 23, 2013>
(3) Article 18 (3) and (4) shall apply mutatis mutandis to paragraph (2).
[This Article Wholly Amended on Jun. 7, 2011]
 Article 22 (Sale of Manufactured Narcotics)
(1) No manufacturer of narcotics may sell narcotic drugs he/she has manufactured to any person other than a wholesaler of narcotics.
(2) No manufacturer of narcotics may sell psychotropic substances he/she has manufactured to any person other than an exporter and importer of narcotics, wholesaler of narcotics, retailer of narcotics, or medical practitioner handling narcotics.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 23 Deleted. <May 18, 2015>
 Article 24 (Permission for Use of Raw Materials of Narcotics)
(1) No person other than a user of raw materials of narcotics shall manufacture the ultra-narcotic drugs or pharmaceuticals using the narcotic drugs or psychotropic substances as raw materials.
(2) Where a user of raw materials of narcotics intends to manufacture ultra-narcotic drugs, he/she shall obtain permission for each item he/she intends to manufacture from the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister. The same shall also apply to modification to any permitted matter. <Amended on Mar. 23, 2013>
(3) Article 18 (3) and (4) shall apply mutatis mutandis to paragraph (2).
[This Article Wholly Amended on Jun. 7, 2011]
 Article 25 Deleted. <May 18, 2015>
 Article 26 (Wholesale of Narcotics)
(1) No wholesaler of narcotics shall sell narcotic drugs to any person other than a retailer of narcotics, medical practitioner handling narcotics, manager of narcotics, or academic researcher handling narcotics within the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, where the business place is located: Provided, That this shall not apply where he/she sells narcotic drugs upon approval of the relevant authorities granting permission. <Amended on Feb, 3, 2016>
(2) No wholesaler of narcotics shall sell psychotropic substances to any person other than an academic researcher handling narcotics, wholesaler of narcotics, retailer of narcotics, medical practitioner handling narcotics, or manager of narcotics: Provided, That this shall not apply where he/she sells psychotropic substances upon approval of the relevant authorities granting permission.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 27 Deleted. <May 18, 2015>
 Article 28 (Retail of Narcotics)
(1) No person other than a retailer of narcotics shall sell any narcotic or psychotropic substance that has been prepared under a prescription for the narcotic or psychotropic substance issued by a medical practitioner handling narcotics: Provided, That this shall not apply where a medical practitioner handling narcotics is authorized to prepare it for himself/herself under the Pharmaceutical Affairs Act.
(2) A retailer of narcotics shall retain for two years the prescriptions on which he/she has prepared narcotic drugs or psychotropic substances.
(3) A retailer of narcotics shall not engage in the sale of narcotic drugs or psychotropic substances through the electronic transaction under subparagraph 5 of Article 2 of the Framework Act on Electronic Documents and Transactions. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 29 Deleted. <Jan. 18, 2015>
 Article 30 (Administration of Narcotics)
(1) No person other than a medical practitioner handling narcotics shall administer narcotic drugs or psychotropic substances, or provide them for administration, or issue a prescription stating narcotic drugs or psychotropic substances, for the purpose of medical treatment or animal care. <Amended on Dec. 3, 2019>
(2) Where a medical practitioner handling narcotics is concerned about the misuse or abuse of narcotic drugs or psychotropic substances, such as excessive or duplicate prescription of such drugs, as a result of checking the details of administration pursuant to Article 11-4 (2) 3, he/she may choose not to write a prescription or to perform administration of such drugs. <Newly Inserted on Dec. 3, 2019>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 31 Deleted. <Jan. 18, 2015>
 Article 32 (Information on Prescriptions)
(1) A medical practitioner handling narcotics shall not administer narcotic drugs or psychotropic substances or provide them for administration without following a prescription: Provided, That the foregoing shall not apply in any of the following cases: <Amended on Dec. 3, 2019>
1. Where a medical practitioner handling narcotics, who is qualified to directly dispense drugs under the Pharmaceutical Affairs Act, writes in the medical record the name and quantity of a narcotic drug or psychotropic substance he/she intends to use and thereafter directly administers the narcotic drug or psychotropic substance, or provides it for administration;
2. Where a veterinarian writes in the veterinary medical record the name and quantity of a narcotic drug or psychotropic substance he/she intends to use and thereafter directly administers the narcotic drug or psychotropic substance to an animal or provides it for administration.
(2) When a medical practitioner handling narcotics issues a prescription containing a narcotic drug or psychotropic substance, he/she shall write in the prescription the business location, business name or establishment name, his/her license number, and the name and resident registration number of the patient or the owner or care manager of the animal, and shall sign or stamp the prescription. <Amended on May 18, 2015; Dec. 3, 2019>
(3) Prescriptions or medical records under paragraphs (1) and (2) (including electronic documents containing a digital signature under the Digital Signature Act) shall be retained for two years. <Amended on May 18, 2015>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 33 (Managers of Narcotics)
(1) The representative of a medical institution where at least four medical practitioners handling narcotics conduct medical treatment shall employ a manager of narcotics for the medical institution: Provided, That this shall not apply to a medical institution where only the psychotropic substances are handled.
(2) Where a manager of narcotics provided for in paragraph (1) falls under any of the following, the representative of the relevant medical institution shall have the manager hand over the narcotics under his/her control to other manager of narcotics (if other manager of narcotics is not available, a medical practitioner handling narcotics working for the medical institution, until a successor to the manager of narcotics is decided) and report the reasons for such measures to the relevant authority granting permission: <Amended on Dec. 11, 2018>
1. Where the designation of a manager of narcotics becomes invalidated under Article 8 (5);
2. Where the designation of a person handling narcotics has been revoked or his/her business has been suspended under Article 44.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 34 (Control of Narcotics)
In connection with its control of narcotic drugs and psychotropic substances, a medical institution employing a manager of narcotics shall not be allowed to administer narcotic drugs or psychotropic substances or provide them for administration, unless they have been purchased or controlled by its manager of narcotics to be administered or provided for administration at the same medical institution.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 35 (Academic Researchers Handling Narcotics)
(1) No person other than an academic researcher handling narcotics shall use the narcotics for the purposes of academic research.
(2) Where an academic researcher handling narcotics cultivates the cannabis plants, or imports and uses cannabis for academic research, he/she shall prepare books recording the matters concerning the use (including the current condition of cannabis cultivation) and research thereof, and shall report the details to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; May 18, 2015>
(3) Where an academic researcher handling narcotics uses narcotic drugs or psychotropic substances for academic research, he/she shall prepare books including the matters concerning the use and research thereof, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; May 18, 2015>
(4) An academic researcher handling narcotics shall retain the records which he/she has kept in accordance with paragraphs (2) and (3) for two years.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 36 (Reporting by Cannabis Plant Cultivators)
(1) A cannabis plant cultivator shall report the cultivated area, current status of production and quantity pertaining to the cannabis plant cultivation to a Special Self-Governing City Mayor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Feb. 3, 2016>
(2) A cannabis plant cultivator shall destroy all parts of the cannabis crops he/she has cultivated except for their seeds, roots and mature stalks, by burning, burying or any other means that can prevent leakage, and shall report to a Special Self-Governing City Mayor or the head of a Si/Gun/Gu the results thereof, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Feb. 3, 2016>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 37 (Restrictions on Permission)
If it is deemed that any potential misuse or abuse of narcotics is feared to cause harm or danger to the public health, the authorities granting permission may specify a particular area or item and exclude it from the scope of permission or designation in connection with the grant of the permission or designation referred to in Articles 6, 18, 21, and 24. In such cases, matters concerning the particular area or item shall be publicly announced in advance.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 38 (Obligations of Control of Person Handling Narcotics)
(1) A manufacturer of narcotics or a user of raw materials of narcotics shall comply with the requirements prescribed by Ordinance of the Prime Minister with respect to the guidance and supervision of his/her employees, control of quality, and other matters concerning narcotic drugs, psychotropic substances, and ultra-narcotic drugs. <Amended on Mar. 23, 2013>
(2) No person handling narcotics shall sell or use any narcotics that have been deteriorated, decomposed, contaminated, or damaged or of which the period of use or the term of validity has expired.
(3) When a person handling narcotics performs the work of business, he/she shall observe such requirements as prescribed by Presidential Decree to prevent theft or abuse of narcotics for medical use.
[This Article Wholly Amended on Jun. 7, 2011]
CHAPTER V NARCOTIC ADDICTS
 Article 39 (Prohibition of Use of Narcotic Drugs)
No medical practitioner handling narcotics may conduct any of the following acts to alleviate or cure the toxic symptoms of a narcotic addict: Provided, That this shall not apply where a medical treatment and protection facility under Article 40 has obtained permission therefor from the Minister of Health and Welfare or the Mayor/Do Governor:
1. To administer narcotic drugs;
2. To provide narcotic drugs for administration;
3. To issue a prescription for narcotic drugs.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 40 (Treatment and Protection of Narcotic Addicts)
(1) The Minister of Health and Welfare or a Mayor/Do Governor may either establish and operate a medical treatment and protection facility or designate such facility to test a person using narcotics for narcotic addiction or to treat and protect those who have been diagnosed as a narcotic addict.
(2) The Minister of Health and Welfare or a Mayor/Do Governor may have a person using narcotics undergo a test for narcotic addiction at a medical treatment and protection facility under paragraph (1), or place any person diagnosed as a narcotic addict under a medical treatment and protection. In such cases, the period of test shall be limited to not more than one month, and the period of medical treatment and protection to not more than 12 months.
(3) Where the Minister of Health and Welfare or a Mayor/Do Governor intends to conduct a test or to provide medical treatment and protection under paragraph (2), he/she shall undergo deliberation by the Medical Treatment and Protection Examination Commission concerned.
(4) To perform functions with respect to deliberation on matters concerning the test and medical treatment and protection under paragraph (3), there shall be established the Medical Treatment and Protection Examination Commissions in the Ministry of Health and Welfare, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province, respectively. <Amended on Feb. 3, 2016>
(5) Matters necessary for the establishment, operation, and designation of the medical treatment and protection facilities, test, and medical treatment and protection as well as the organization, operation, duties, etc. of the Medical Treatment and Protection Examination Commissions under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 40-2 (Concurrent Imposition of Punishment and Program Attendance Order)
(1) Where a court suspends the sentence of a person who has self-administered, smoked, or ingested narcotics in violation of Article 3, 4, or 5 (hereafter referred to as “narcotic offender” in this Article), it may order the person to undergo probation for a year.
(2) Where a narcotic offender is declared guilty by a court (excluding suspended sentence) or becomes subject to a summary order issued by a court, such person shall be ordered to attend an educational program for the prevention of recidivism (hereinafter referred to as “program attendance order”) or to complete an educational rehabilitation program (hereinafter referred to as “program completion order”) for up to 200 hours concurrently with such sentence: Provided, That the foregoing shall not apply where any special circumstance exists that make it impossible to impose such program attendance order or program completion order.
(3) A program attendance order shall be concurrently imposed within the period during which the execution of a sentence is suspended if a suspension of execution of such sentence is declared, and a program completion order shall be concurrently imposed if a fine or more severe punishment is sentenced or a summary order is issued.
(4) Where a court suspends the execution of the sentence of a narcotic offender, it may impose either of an order to undergo probation or an order to provide community service or both of such orders, for the period during which the execution of the sentence is suspended, in addition to a program attendance order.
(5) A program attendance order or a program completion order shall be executed within the period during which the execution of a sentence is suspended if a court orders a suspension of execution of such sentence; within six months from the date a sentence becomes final if a court orders punishment of a fine or issues a summary order; and within the term of punishment if a court orders imprisonment with labor or heavier punishment, respectively.
(6) Where a program attendance order or a program completion order is imposed concurrently with a fine or the suspension of execution of a sentence, such order shall be executed by the head a probation office; and if imposed concurrently with imprisonment with labor or heavier punishment, such order shall be executed by the head of a correctional facility: Provided, That where a program completion order has been concurrently imposed on a person with a sentence of imprisonment with labor or heavier punishment, but the sentence is unenforceable because the person is released or released on parole prior to the fulfillment of both the program completion order and the sentence, the number of days during for which such person has been detained as an unconvicted prisoner is counted as part of the days in the term, or other similar reasons, the program completion order for a remaining period shall be executed by the head of a probation office.
(7) A program attendance order or a program completion order shall be detailed as follows:
1. Diagnosing narcotic offenders’ behaviors and giving counsel thereto;
2. Educating narcotic offenders to understand the harmful effects of narcotics;
3. Other matters necessary to prevent narcotic offenders’ recidivism.
(8) The head of a probation office or the head of a correctional facility may entrust the Korean Association Against Drug Abuse under Article 51-2 with tasks for the execution of program attendance orders or program completion orders.
(9) Except as provided in this Act, the Act on Probation, Etc. shall apply mutatis mutandis to probation, community service, program attendance order, and program completion order to be imposed concurrently with punishment.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 40-3 (Investigation before Judgment)
(1) Where a court deems necessary before imposing probation, community service, a program attendance order, or program completion order under Article 40-2 on a defendant who has self-administered, smoked, or ingested narcotics in violation of Article 3, 4 or 5, the court may request the head of a probation office having jurisdiction over the location of the court or the domicile of the defendant to investigate matters relating to the defendant, such as physical or mental characteristics and conditions of the defendant, growth history, home environment, occupation, living surroundings, friendships, motive for the offense, whether the defendant is addicted to narcotics, disease history, risk of recidivism.
(2) The head of a probation office in receipt of a request under paragraph (1) shall, without delay, make an investigation and notify the court of the results in writing. In such case, if deemed necessary, he/she may summon the defendant or other interested persons for questioning or require probation officers under his/her control to investigate necessary matters.
(3) A court may request the head of a probation office in receipt of a request under paragraph (1) to make a report on the status of investigation in progress.
[This Article Newly Inserted on Dec. 3, 2019]
CHAPTER VI SUPERVISION AND CONTROL
 Article 41 (Entry, Inspection, and Collection)
(1) If the Minister of Food and Drug Safety (including the heads of agencies under the jurisdiction thereof as prescribed by Presidential Decree), a Mayor/Do Governor, or the head of a Si/Gun/Gu deems it necessary to monitor and control narcotics, temporary narcotics and precursors, he/she may require relevant public officials to enter the place of business, factory, warehouse, land on which cannabis plants are cultivated, drugstore, compounding place, and other places related to narcotics, temporary narcotics and precursors, of a person handling narcotics, a person approved to handle narcotics, a person handling temporary narcotics under Article 5-2 (6) or a person handling precursors, and to perform the following duties: <Amended on Mar. 23, 2013; Jul. 30, 2013; Mar. 13, 2018; Mar. 31, 2020>
1. To inspect structures, facilities, business conditions, records and documents, medical supplies, and other goods;
2. To ask questions to the persons concerned;
3. To collect narcotics, temporary narcotics, precursors, and pharmaceutical drugs and goods deemed related thereto, as prescribed by Ordinance of the Prime Minister. In such cases, such collection shall be limited to the minimum portion required for testing.
(2) Where it is deemed necessary to supervise the Information Center, the Minister of Food and Drug Safety may request a report on duties or property or data from the head of the Information Center; require a relevant public official to enter a site or inspect documents; or take other necessary measures. <Newly Inserted on May 18, 2015>
(3) Any public official who performs the duties of entry, inspection, or collection referred to in paragraph (1) or (2) shall present a certificate verifying his/her authority to the persons concerned. <Amended on May 18, 2015>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 42 (Orders for Destruction)
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person handling narcotics and a person approved to handle narcotics to destroy or to take other necessary measures against the narcotics that have been reported pursuant to Article 12 or the narcotics for which approval under Article 13 has not been obtained and the psychotropic substances that have been manufactured, sold, stored or imported in violation of Article 16, 17, 18, 21, or 24 or other psychotropic substances, etc. of inferior quality, in such a manner as to prevent harm or danger to the public health. <Amended on Mar. 23, 2013; Jul. 30, 2013>
(2) In any cases falling under the following, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may direct the relevant public official to destroy, seize, or take other necessary measures against relevant items, etc. in question: <Amended on Mar. 23, 2013>
1. Where any person who has been given an order under paragraph (1) fails to comply with such order;
2. Where a cannabis plant cultivator fails to conduct the destruction as provided in Article 36 (2);
3. Where precursors have been manufactured, exported or imported, traded, assisted to be traded, given or received, held, possessed or used, in violation of subparagraph 4 of Article 3, or otherwise where they have been discovered to be stored for such purposes.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 43 (Business Reports)
The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order persons handling narcotics, persons approved to handle narcotics, and persons handling precursors to report necessary matters with respect to their business or to submit books, documents and other relevant objects. <Amended on Mar. 23, 2013; Jul. 30, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 44 (Revocation of Permission and Suspension of Business)
(1) Where a person handling narcotics, a person approved to handle narcotics, or an exporter, importer, etc. of precursors falls under any of the following, the relevant authority granting permission may revoke permission (including permission for items), designation, or approval given under this Act or may issue an order to fully or partially suspend his/her business or handling of narcotics and precursors for a period of up to one year: Provided, That where narcotic drugs, psychotropic substances, or ultra-narcotic drugs cause or are likely to cause harm or danger to the public health due to reasons not attributable to a person handling them and where it is deemed that the objectives of permission are deemed achievable by changing the ingredients or prescription thereof, only the change may be ordered: <Amended on Mar. 23, 2013; Jul. 30, 2013; Mar. 18, 2014; May 18, 2015; Dec. 11, 2018; Dec. 13, 2019>
1. With regard to an order to fully or partially suspend business or handling of narcotics and precursors:
(a) Where he/she violates the provisions concerning restrictions on handling narcotics under Article 5 (1) and (2);
(b) Where he/she fails to comply with measures under Article 5 (3);
(c) Where he/she fails to obtain a modified permission or modified designation under the latter part of Article 6 (1), with the exception of the subparagraphs, and the latter part of paragraph (2) of the same Article;
(d) Where he/she fails to obtain a modified permission under the latter part Article 6-2 (1);
(e) Where he/she fails to have a certificate of permission or designation letter under Article 7 (2) re-issued;
(f) Where he/she transfers narcotics, in violation of Article 9 (2) and (3);
(g) Deleted; <May 18, 2015>
(h) Deleted; <May 18, 2015>
(i) Where he/she fails to submit a report or submits a false report, in violation of Article 11;
(j) Where he/she fails to report, or destroys, narcotics, etc. involved in an accident, in violation of Article 12;
(k) Where he/she advertises narcotics, in violation of Article 14;
(l) Where he/she stores narcotics, in violation of Article 15;
(m) Where he/she fails to seal narcotics, or gives or receives narcotics which are not sealed, in violation of Article 16;
(n) Where he/she fails to state information, in violation of Article 17, or states false information;
(o) Deleted; <May 18, 2015>
(p) Where he/she sells narcotics, in violation of Articles 20, 22, and 26;
(q) Where he/she administers a narcotic or psychotropic substance without following a prescription, in violation of Article 32, or records false information in a prescription, or fails to prepare, keep and retain a prescription;
(r) Where he/she fails to employ a manager of narcotics, in violation of Article 33;
(s) Where he/she fails to keep and retain records, in violation of Article 35 (2) through (4), or records false information;
(t) Where a cultivator of cannabis plants fails to cultivate the cannabis plants for two consecutive years without justifiable grounds;
(u) Where he/she violates obligations of control of a person handling narcotics under Article 38;
(v) Where he/she refuses, hinders, or abstains from inspections, inquiries and collection by a relevant public official under Article 41;
(w) Where the persons handling narcotics or exporters, importers, etc. of precursors fail to receive education, in violation of Article 50;
(x) Where he/she exports and imports precursors without obtaining approval for export and import, in violation of Article 51 (1), or exports and imports precursors in a manner inconsistent with approval for export and import;
(y) Where he/she fails to prepare or retain records on the manufacture, export, import, giving, receiving, sale, or purchase of precursors, in violation of Article 51 (2) or prepares false records;
(z) Where he/she trades precursors in small quantities to evade the obligation of preparing records on the export, import, giving, receiving, sale, or purchase of precursors under Article 51 (2);
(aa) Where he/she fails to report under Article 51 (3);
(bb) Where he/she fails to obtain approval or modified approval for export and import under Article 18 (2) 2;
2. With regard to the revocation of permission (including permission for items) or designation:
(a) Where he/she falls under a ground for disqualification under each subparagraph of Article 6 (3);
(b) Where he/she fails to obtain permission or modified permission, in violation of Article 18 (2) 1, 21 (2), or 24 (2);
(c) Where he/she violates subparagraph 1 (a), (m), or (v) or Article 9 (2) on at least two occasions;
(d) Where he/she violates subparagraph 1 (i), (j), or (r), or (bb) or Article 9 (3) on at least three occasions;
(e) Where he/she fails to meet the standards prescribed by Ordinance of the Prime Minister for the content of active ingredients of narcotic drugs, rate of loss of narcotic drugs in the compounding process on at least three occasions;
(f) Where a person handling narcotics, such as a pharmacist, loses his/her qualification required to be a person handling narcotics under Article 6 (1) or (2), or the permission granted to a manufacturer or a wholesaler of pharmaceuticals under the Pharmaceutical Affairs Act is revoked;
(g) Where an exporter, importer, etc. of precursors reports to the head of the competent tax office on the closure of his/her business, or the head of the competent tax office cancels his/her business registration under Article 8 of the Value-Added Tax Act.
(2) The criteria for administrative dispositions under paragraph (1) shall be determined by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>
(3) The Minister of Food and Drug Safety may request the head of the competent tax office to provide information as to whether an exporter, importer, etc. of precursors has closed his/her business, if necessary for revoking permission for any reason under paragraph (1) 2 (g). In such cases, the head of the competent tax office shall provide information thereon under Article 36 (1) of the Electronic Government Act, unless there is a compelling reason not to do so. <Newly Inserted on Dec. 11, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 45 (Hearings)
Where the authority granting permission intends to revoke the permission or designation of a person handling narcotics or an exporter, importer, etc. of precursors under Article 44 (1), it shall hold a hearing.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 46 (Disposition on Penalty Surcharges)
(1) Where the authority granting permission imposes a disposition for the suspension of business on a person handling narcotics or an exporter, importer, etc. of precursors as provided in Article 44 (1), it may impose a penalty surcharge not exceeding 200 million won in lieu of such disposition, as prescribed by Presidential Decree. In such cases, such penalty surcharge shall be imposed only if the suspension of business causes or may cause serious harm or danger to the public health, and it shall not be imposed more than three times. <Amended on Dec. 11, 2018>
(2) The amount of penalty surcharges based upon the types and degrees of offenses subject to penalty surcharge under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3) If necessary for imposing a penalty surcharge under paragraph (1), the authority granting permission may request tax information from the head of the competent tax office by submitting a document stating the following: <Amended on Feb. 3, 2016>
1. Personal information of a taxpayer;
2. Purpose of use of tax information;
3. Sales served as a basis for assessing the penalty surcharge.
(4) Where a penalty surcharge under paragraph (1) has not been paid by the deadline for payment, the authority granting permission shall revoke the imposition of the penalty surcharge under paragraph (1) and impose the suspension of business under Article 44 (1) or shall collect it in the same manner as delinquent national taxes are collected or collect it as prescribed by the Act on the Collection of Local Administrative Penalty Charges: Provided, That where the suspension of business under Article 44 (1) is impractical due to business closure, etc., the authority granting permission shall collect it in the same manner as delinquent national taxes are collected or collect it as prescribed by the Act on the Collection of Local Administrative Penalty Charges. <Newly Inserted on Feb. 3, 2016; Mar. 24, 2020>
(5) The authority granting permission may, if necessary, request any of the following data from the following relevant persons to collect an unpaid under paragraph (4). In such cases, a person in receipt of such request shall comply therewith if he/she does not have good cause: <Newly Inserted on Feb. 3, 2016>
1. Certified copy of the building register under Article 38 of the Building Act: The Minister of Land, Infrastructure and Transport;
2. Certified copy of the land cadastre under Article 71 of the Act on the Establishment and Management of Spatial Data: The Minister of Land, Infrastructure and Transport;
3. Certified copy of the motor vehicle register car registered book under Article 7 of the Motor Vehicle Management Act: A Mayor/Do Governor.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 47 (Disposition of Illegal Narcotics)
With respect to narcotics, preannounced temporary narcotics and temporary narcotics possessed, owned, used, managed, cultivated, exported, imported, manufactured, traded, mediated for trading, given, received, administered, provided for administration, or used for compounding or research in violation of this Act or other statutes or regulations governing narcotics, the Minister of Food and Drug Safety may seize them or impose other necessary disposition. <Amended on Mar. 23, 2013; Mar. 18, 2014; Mar. 13, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
[Title Amended on Mar. 18, 2014]
 Article 48 (Inspectors for Narcotics)
(1) The Ministry of Food and Drug Safety, its affiliated organizations, the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, the Special Self-Governing Province, and Sis/Guns/Gus (a Gu refers to an autonomous Gu; hereinafter the same shall apply) shall have inspectors for narcotics to assign them the duties of the relevant public officials under Article 41 (1) and Article 42 (2) and other inspection duties concerning narcotics and precursors. <Amended on Mar. 23, 2013; Feb. 3, 2016>
(2) Qualifications for inspectors for narcotics, the scope of duties, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 49 (Honorary Counselors for Narcotics)
(1) The Ministry of Food and Drug Safety, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, and a Si/Gun/Gu may appoint honorary counselors for narcotics to prevent misuse or abuse of narcotics, to conduct publicity and awareness campaigns, etc. <Amended on Mar. 23, 2013; Feb. 3, 2016>
(2) The qualifications for and the scope of functions of the honorary counselors for narcotics and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 50 (Education for Persons Handling Narcotics and Exporters and Importers of Precursors)
(1) The persons handling narcotics (excluding the cannabis plant cultivators) or exporters, importers, etc. of precursors shall receive education for control of narcotics or precursors conducted by the Minister of Food and Drug Safety or a Mayor/Do Governor. <Amended on Mar. 23, 2013>
(2) Matters necessary for the method, frequency and details of the education for control of narcotics, or precursors under paragraph (1) shall be determined by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 51 (Control of Precursors)
(1) Any person who exports and imports precursors shall obtain approval from the Minister of Food and Drug Safety for each export and import he/she conducts. <Amended on Mar. 23, 2013>
(2) Any person who manufactures, exports and imports, gives or receives, or trades precursors shall keep a record of his/her manufacture, export and import, giving or receiving, or trade (hereafter in this Article, referred to as "transaction"), and retain it for two years: Provided, That this shall not apply in any of the following cases: <Amended on Jun. 4, 2013>
1. In cases of the manufacture and transactions that are kept on the record, and of which records are retained, under the Pharmaceutical Affairs Act;
2. In cases of the manufacture and transactions that are kept on the record, and of which records are retained, under the Chemical Substances Control Act;
3. In cases of the manufacture and transactions of the composite precursors;
4. In cases of lawful transactions that are conducted in the course of regular business and that shall be prescribed by Presidential Decree;
5. In cases of transactions in an amount below the level determined by Presidential Decree.
(3) In any of the following cases, a person handling precursors shall report it to the Minister of Justice or the Minister of Food and Drug Safety without delay: <Amended on Mar. 23, 2013>
1. Where the purpose of the purchase of precursors is uncertain or where they may be used for the illegal manufacture of narcotic drugs and psychotropic substances;
2. Where precursors exceeding the amount prescribed by Presidential Decree have been stolen, missing, or involved in other accident.
(4) The person handling precursors who has filed a report with the Minister of Justice or the Minister of Food and Drug Safety under paragraph (3) and the public official who has received the report shall maintain the confidentiality of the reported matters. <Amended on Mar. 23, 2013>
(5) Matters necessary for the type of precursors subject to approval under paragraph (1) and the procedures for such approval shall be determined by Presidential Decree.
(6) Matters necessary for the preparation and retaining of a record of manufacture and transactions and the reports under paragraphs (2) and (3) shall be determined by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>
(7) Upon request of the Minister of Food and Drug Safety since there is a reason determined by Ordinance of the Prime Minister, including a case where it is necessary for international cooperation, an exporter, importer, etc. of precursors shall report the matters concerning the manufacture or transactions of precursors without delay. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 51-2 (Establishment of Korean Association Against Drug Abuse)
(1) The Korean Association Against Drug Abuse shall be established to conduct the following projects: <Amended on Mar. 23, 2013>
1. Publicity, awareness campaign, and education programs designed to call national attention to the ill effects of narcotics;
2. Social welfare programs designed to assist narcotic addicts in their restoration to society;
3. Other projects related to the eradication of misuse or abuse of illegal narcotics and drugs and deemed necessary by the Minister of Food and Drug Safety.
(2) The Korean Association Against Drug Abuse shall be a juristic person.
(3) Except as provided in this Act, the provisions of the Civil Act concerning incorporated foundation shall apply mutatis mutandis to the Korean Association Against Drug Abuse.
(4) The Minister of Food and Drug Safety and the head of a local government may subsidize the Korean Association Against Drug Abuse for the expenses necessary for its operation and the projects under paragraph (1) within budgetary limits. <Amended on Mar. 18, 2014; Feb. 3, 2016>
(5) Matters necessary for the operation, etc. of the Korean Association Against Drug Abuse shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 51-3 (Fact-Finding Surveys)
(1) The Minister of Health and Welfare shall conduct a fact-finding survey on narcotic addicts every five years, for the appropriate implementation of this Act.
(2) Necessary matters concerning the method, details, etc. of a survey under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 51-4 (Legal Fiction as Public Official in Application of Penalty Provisions)
Among the executive officers and employees of the Korean Association Against Drug Abuse under Article 51-2 (1), those who are not public officials shall be deemed to be public officials in applying Articles 127 and 129 through 132 of the Criminal Act.
[This Article Newly Inserted on Dec. 2, 2016]
 Article 52 (Collection of Data Related to Narcotics)
The Minister of Health and Welfare and the Minister of Food and Drug Safety shall collect information relating to the enforcement of this Act or other statutes or regulations concerning narcotics from each agency of the Government, and may request such agencies to submit relevant data regarding necessary matters concerning narcotics. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 52-2 (Hazard Assessment)
The Minister of Food and Drug Safety shall conduct hazard assessment of temporary narcotics and other equivalent substances prescribed by Presidential Decree, with respect to physical or psychological dependence and toxicity, etc., to properly designate narcotics.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 52-3 (International Cooperation)
The Minister of Food and Drug Safety shall endeavor to cooperate with international organizations and relevant overseas agencies through the exchange of information, etc., to safely control and prevent misuse or abuse of narcotics and precursors.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 53 (Disposal Methods, etc. of Confiscated Narcotics)
(1) The narcotics confiscated under the conditions prescribed by this Act or other statutes or regulations shall be handed over to a Mayor/Do Governor.
(2) Where a Mayor/Do Governor has taken over the narcotics under paragraph (1), he/she shall destroy them or make other necessary disposals thereof.
(3) Matters necessary for the disposal under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 53-2 (Implementation of Projects to Collect and Destroy Narcotics for Medical Use at Home)
(1) The Minister of Food and Drug Safety or a Mayor/Do Governor may implement a project to collect and destroy leftover narcotics for medical use at home, in order to prevent misuse or abuse thereof.
(2) The Minister of Food and Drug Safety may subsidize expenses incurred in the implementation of the project for individuals, agencies, organizations, or corporations involved in the project under paragraph (1), within budgetary limits.
(3) Matters necessary for selection criteria and procedures, project implementation methods, financial support, etc. for individuals, organizations, groups or corporations involved in the project under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 54 (Monetary Rewards)
Any person who provides information on or makes accusation against a crime involved in narcotics under this Act or other statutes or regulations to the investigative authorities, or arrests such criminal, prior to the discovery thereof by the investigative authorities shall be paid appropriate monetary rewards as prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 55 (Fees)
Any of the following persons shall pay fees as determined by Ordinance of the Prime Minister: <Amended on Mar. 23, 2013>
1. A person who intends to be granted permission or designation under this Act;
2. A person who intends to modify the details of permission or designation under this Act;
3. A person who intends to have his/her certificate of permission or designation letter reissued under this Act.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 56 (Delegation of Authority)
Part of the authority of the Minister of Food and Drug Safety under this Act may be delegated to the heads of its affiliated agencies or Mayors/Do Governors in accordance with Presidential Decree, and part of the authority of the Mayors/Do Governors under this Act may be delegated to the heads of Sis/Guns/Gus as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 56-2 (Special Case of Handling of Narcotics for Military Use)
(1) Notwithstanding the provisions of this Act, in cases of narcotics for military use, the Minister of Defense shall have jurisdiction over possession, control, compounding, administration, or giving or receiving of such narcotics, or the use thereof for academic research or issuance of a prescription thereof.
(2) Matters necessary for the handling of narcotics for military use provided in paragraph (1) shall be determined by Ordinance of the Ministry of Defense.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 57 (Application of Other Statutes)
The Pharmaceutical Affairs Act, except as provided in this Act, shall apply to the manufacture, control, etc. of narcotic drugs and psychotropic substances.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 57-2 (Exclusion from Application of Certain Provisions)
Articles 11, 15 and 44 shall not apply to a person approved to handle narcotics, who falls under any of the following:
1. Where such person is approved to enter or depart the Republic of Korea while carrying narcotic drugs or psychotropic substances for self-treatment;
2. Where such person is approved to handle narcotics imported via the Korea Orphan and Essential Drug Center established under Article 91 of the Pharmaceutical Affairs Act.
[This Article Newly Inserted on Dec. 3, 2019]
CHAPTER VIII PENALTY PROVISIONS
 Article 58 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for an indefinite term or for not less than five years: <Amended on Mar. 18, 2014; Feb. 3, 2016; Mar. 13, 2018>
1. A person who exports or imports, manufactures, trades, or assists in the trade of, narcotic drugs, or who possesses or owns them for such purposes, in violation of subparagraphs 2 and 3 of Article 3, or Article 4 (1), 18 (1), or 21 (1);
2. A person who manufactures, exports, or imports precursors for the purpose of manufacturing the narcotic drugs or psychotropic substances, or who holds or possesses them for such purpose, in violation of subparagraph 4 of Article 3;
3. A person who manufactures, exports or imports, trades, assists in the trade of, or gives or receives, psychotropic substances under subparagraph 3 (a) of Article 2, or other psychotropic substances containing their substance, or who holds or possesses them for such purpose, in violation of subparagraph 5 of Article 3;
4. A person who obtains extraction from plants or mushrooms used as raw materials of the psychotropic substances under subparagraph 3 (a) of Article 2, or who exports or imports such plants or mushrooms, or holds or possesses them for such purpose, in violation of subparagraph 6 of Article 3;
5. A person who exports or imports cannabis, or who holds or possesses it for such purpose, in violation of subparagraph 7 of Article 3;
6. A person who manufactures, exports, or imports psychotropic substances under subparagraph 3 (b) of Article 2 or other psychotropic substances containing their substance, or who holds or possesses them for such purpose, in violation of Article 4 (1);
7. A person who gives, receives, prepares, administers, or delivers narcotic drugs to a minor, or who trades, gives, receives, prepares, administers, or delivers psychotropic substances or temporary narcotics, in violation of Article 4 (1) or 5-2 (5);
8. A person who violates Article 5-2 (5) 1 or 2, with respect to Group 1 temporary narcotics.
(2) Any person who has committed any of the offenses under paragraph (1) for profit-making or repeatedly shall be punished by death penalty, imprisonment with labor for an indefinite term or for not less than 10 years.
(3) An attempt to commit any of the offenses under paragraphs (1) and (2) shall be punished.
(4) Any person who has premeditated or plotted to commit any of the offenses under paragraphs (1) (excluding subparagraph 7) and (2) shall be punished by imprisonment with labor for not more than 10 years.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 59 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than one year: <Amended on Feb. 3, 2016; Mar. 13, 2018>
1. A person who cultivates plants used as raw materials of narcotic drugs for the purpose of export, import, trade, or manufacture, or who holds or possesses raw materials, seeds, or seedlings containing their component, in violation of subparagraph 2 of Article 3;
2. A person who controls, gives or receives raw materials, seeds or seedlings containing the narcotic component, or who extracts such component therefrom, in violation of subparagraph 2 of Article 3;
3. A person who holds, possesses, controls, gives, receives, transports, uses, administers, or provides for administration, the heroin, its salts, or other substances containing its salts, in violation of subparagraph 3 of Article 3;
4. A person who trades, assists in the trade of, or gives or receives precursors for the purpose of manufacturing narcotic drugs or psychotropic substances, or who holds, possesses, or uses them for such purpose, in violation of subparagraph 4 of Article 3;
5. A person who holds, possesses, uses, or controls psychotropic substances or other psychotropic substances containing their substance under subparagraph 3 (a) of Article 2, in violation of subparagraph 5 of Article 3;
6. A person who trades, assists in the trade of, or gives or receives plants or mushrooms used as raw materials for psychotropic substances under subparagraph 3 (a) of Article 2, or who holds or possesses them for such purpose, in violation of subparagraph 6 of Article 3;
7. A person who manufactures, trades, or assists in trade of cannabis, or who holds or possesses it for such purpose, in violation of subparagraph 7 of Article 3;
8. A person who gives or receives or delivers cannabis to the minors, or has the minors smoke or take in cannabis or its seed coats, in violation of subparagraph 10 of Article 3 or Article 4 (1);
9. A person who holds, possesses, controls, or gives or receives narcotic drugs, in violation of Article 4 (1), or who manufactures ultra-narcotic drugs in violation of Article 24 (1);
10. A person who manufactures, exports, or imports psychotropic substances or other psychotropic substances containing their substance under subparagraph 3 (c) of Article 2, or who holds or possesses them for such purpose, in violation of Article 4 (1);
11. A person who cultivates the cannabis plants for the purpose of the export, trade, or manufacture, of cannabis, in violation of Article 4 (1);
12. A person who handles narcotics (excluding cannabis) in violation of Article 4 (3);
13. A person who violates Article 5-2 (5) 3, with respect to Group 1 temporary narcotics;
14. A person who exports or imports, or manufactures psychotropic substances, or manufactures pharmaceuticals in violation of Article 18 (1), 21 (1) or 24 (1).
(2) Any person who repeatedly commits any of the offenses under paragraph (1) shall be punished by imprisonment with labor for a limited term of not less than three years.
(3) Any attempt to commit any of the offenses under paragraphs (1) (excluding subparagraphs 5 and 13) and (2) shall be punished. <Amended on Mar. 13, 2018>
(4) A person who has premeditated or plotted to commit any of the offenses under paragraph (1) 7 shall be punished by imprisonment with labor for not more than 10 years.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 60 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won: <Amended on Mar. 13, 2018; Dec. 3, 2019>
1. A person who uses narcotic drugs or psychotropic substances under subparagraph 3 (a) of Article 2 in violation of subparagraph 1 of Article 3, or who provides other persons with a place, facilities, equipment, funds or means of transportation for the prohibited acts involving narcotic drugs or psychotropic substances under subparagraph 3 (a) of Article 2 in violation of subparagraph 11 of Article 3;
2. A person who trades, assists in the trade of, gives or receives, holds, possesses, uses, controls, prepares, administers, or delivers, the psychotropic substances or other psychotropic substances containing their substance under subparagraph 3 (b) and (c) of Article 2, or who issues a prescription for psychotropic substances, in violation of Article 4 (1);
3. A person who manufactures, exports, or imports psychotropic substances or other psychotropic substances containing their substance under subparagraph 3 (d) of Article 2, or who holds or possesses them for manufacture, export, or import, in violation of Article 4 (1);
4. A person who handles narcotic drugs or issues a prescription thereof, in violation of Article 5 (1) and (2), 9 (1), 28 (1), 30 (1), 35 (1), or 39;
5. A person who violates Article 5-2 (5) 4, with respect to Group 1 temporary narcotics;
6. A person who violates Article 5-2 (5) 1, with respect to Group 2 temporary narcotics.
(2) Any person who repeatedly commits any of the offenses under paragraph (1) shall be subject to an aggravated punishment by up to 1/2 of the penalty stipulated for such offense.
(3) An attempt to commit any of the offenses under paragraphs (1) and (2) shall be punished.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 61 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Feb. 3, 2016; Mar. 13, 2018; Dec. 3, 2019>
1. A person who uses psychotropic substances (excluding psychotropic substances under subparagraph 3 (a) of Article 2) or cannabis, in violation of subparagraph 1 of Article 3, or who provides other persons with a place, facilities, equipment, funds, or means of transportation for the prohibited acts involving psychotropic substances (excluding the psychotropic substances under subparagraph 3 (a) of Article 2) and cannabis, in violation of subparagraph 11 of Article 3;
2. A person who cultivates plants used as raw materials of narcotic drugs, or who holds or possesses any raw material, seed, or seedling containing their component, in violation of subparagraph 2 of Article 3;
3. A person who smokes or ingests plants or mushrooms used as raw materials of psychotropic substances under subparagraph 3 (a) of Article 2, or who holds or possesses them for such purpose or for the purpose of having other persons smoke or ingest them, in violation of subparagraph 6 of Article 3;
4. A person who is engaged in any of the following acts, in violation of subparagraph 10 of Article 3:
(a) A person who smokes or consumes cannabis or the seed coats of cannabis plants;
(b) A person who holds cannabis, cannabis plant seeds or its seed coats for the purpose of engaging in the act under item (a);
(c) A person who trades or assists in the trade of cannabis plant seeds or its seed coats while knowing the likely purposes of engaging in the act under item (a) or (b);
5. A person who trades, assists in the trade of, gives or receives, holds, possesses, uses, controls, prepares, administers, or delivers, the psychotropic substances or other psychotropic substances containing their substance under subparagraph 3 (d) of Article 2, or who issues a prescription for psychotropic substances, in violation of Article 4 (1);
6. A person who cultivates, holds, possesses, gives or receives, transports, keeps in custody, or uses cannabis, in violation of Article 4 (1);
7. A person who handles psychotropic drugs, cannabis, or temporary narcotics, in violation of Article 5 (1) and (2), 9 (1), or 35 (1);
8. A person who violates Article 5-2 (5) 2 through 4, with respect to Group 2 temporary narcotics;
9. A person who exports, imports, or manufactures precursors, in violation of Article 6-2;
10. A person who uses personal information contained in the integrated narcotics information for other than duty purposes, or provides such information to another person, in violation of subparagraph 1 of Article 11-6;
11. A person who handles psychotropic substances, or issues a prescription of them, in violation of Article 28 (1) or 30;
12. A person who sells narcotic drugs or psychotropic substances through electronic transactions, in violation of Article 28 (3).
(2) Any person who repeatedly commits any of the offenses under paragraph (1) shall be subject to an aggravated punishment by up to 1/2 of the penalty stipulated for such offense.
(3) Any attempt to commit any of the offenses under paragraph (1) (excluding subparagraphs 2, 3, and 9) and paragraph (2) (excluding violations of paragraph (1) 2, 3, and 9) shall be punished. <Amended on Mar. 13, 2018>
[This Article Wholly Amended on Jun. 7, 2011]
 Article 62 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Dec. 2, 2016; Mar. 13, 2018; Dec. 3, 2019>
1. A person who lends or transfers his/her certificate of permission or designation letter concerning handling of narcotic drugs to other persons, in violation of Article 8 (1), or who handles narcotic drugs, in violation of Article 9 (2) and (3), 18 (2), 20, 21 (2), 22 (1), 24 (2), or 26 (1);
2. A person who handles narcotic drugs as the other party to an offense in violation of Article 9 (2), 20, 22 (1), or 26 (1);
3. A person who uses information other than personal information among the integrated narcotics information for other than duty purposes, or provides such information to another person, in violation of subparagraph 2 of Article 11-6;
4. A person who disseminates or presents information on prohibited acts to other persons, in violation of subparagraph 12 of Article 3 (excluding preannounced temporary narcotics).
(2) Any person who repeatedly commits any of the offenses under paragraph (1) shall be subject to an aggravated punishment by up to 1/2 of the penalty stipulated for such offense.
(3) Any attempt to commit any of the offenses under paragraphs (1) and (2) shall be punished.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 63 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on May 18, 2015; Mar. 13, 2018; Dec. 3, 2019>
1. Any person who fails to obtain permission in violation of Article 6-2 (1), or who violates Article 51 (1) through (4);
2. Any person who lends or transfers his/her certificate of permission or designation letter for handling psychotropic substances to other persons, in violation of Article 8 (1), or who handles psychotropic substances, in violation of Article 9 (2) and (3), 20, 22 (2) or 28 (2);
3. Any person who lends or transfers his/her certificate of permission for handling cannabis to other persons, in violation of Article 8 (1), or who handles cannabis, in violation of Article 9 (2) and (3);
4. Any person who handles psychotropic substances as the other party to an offense in violation of Article 9 (2), 20, or 22 (2);
5. Any person who handles cannabis as the other party to an offense in violation of Article 9 (2);
6. Any person who handles narcotic drugs, in violation of Articles 11 (1) through (3) and (5), 16, 28 (2), 32 (1) and (2), 33 (1), or 34;
7. Any person who handles narcotic drugs by means of making a false report or falsely modifying a report in violation of Article 11 (1) through (3) and (5), or by means of making false entries in a prescription under Article 32 (2);
8. Any person who handles narcotic drugs without stating required matters or by stating them falsely, in violation of Article 17;
8-2. Any person who handles narcotic drugs without reporting or by making a false report in violation of orders under Article 43;
9. Any person who handles narcotic drugs by making a false report in violation of Article 12 (1), or who destroys narcotic drugs in violation of Article 12 (2);
10. Any person who handles narcotic drugs, in violation of Article 13 (1) and Article 33 (2) (excluding a person who falls under Article 69 (1) 8);
11. Any person who handles psychotropic substances, in violation of Article 18 (2) or 21 (2);
12. Any person who deserts the medical treatment and protection facility under Article 40 (1) without justifiable reasons, or who conceals a person who has deserted therefrom;
13. Any person who refuses, obstructs or abstains from a testing for narcotic addiction or medical treatment and protection under Article 40 (2), without justifiable reasons;
14. Any person handling narcotic drugs who refuses, obstructs, or evades the entry, inspection, collection, etc. under Article 41 (1), or who refuses, obstructs, or abstains from the disposition under Article 47, without justifiable reasons;
15. Any person who handles narcotic drugs by doing business during the period of suspension of business under Article 44;
16. Any person who trades precursors by dividing it in small amount with an intent to avoid an obligation to keep a record under Article 51 (2).
(2) Any person who repeatedly commits any of the offenses under paragraph (1) 2 through 5, 11, and 12 shall be subject to aggravated punishment by up to 1/2 of the penalty stipulated for such offense.
(3) Any attempt to commit any of the offenses under paragraph (1) 2 through 5, 11, and 12 and (2) shall be punished.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 64 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 18, 2015; Mar. 13, 2018; Dec. 3, 2019>
1. Any person who makes a false report under Article 8 (2) and (3);
2. Any person who handles psychotropic substances without making a report or a report of modification, or by making a false report in violation of Article 11 (1) through (3) and (5);
3. Any person who handles psychotropic substances by means of making a false report, in violation of Article 12 (1), or handles psychotropic substances without stating required matters or by stating falsely, in violation of Article 17;
4. Any person who violates orders, or fails to make reports, under Article 36 or 43, or who handles cannabis, in violation of orders thereunder or by means of false reports;
5. Any person who disposes of psychotropic substances, in violation of Article 12 (2);
6. Any person who destroys cannabis, in violation of Article 12 (2);
7. Any person who handles cannabis, in violation of Article 13 (1);
8. Any person who handles psychotropic substances, in violation of Article 13 (1), 16, 26 (2), 32 (1), 33 (2), or 34;
9. Any person who fails to transfer or hand over psychotropic substances to a person handling narcotics, in violation of Articles 13 (1) and 33 (2);
10. Any person who violates Article 14;
11. Any person who stores narcotics (excluding psychotropic substances), in violation of Article 15;
12. Any person who handles psychotropic substances as the other party to an offense in violation of Article 26 (2);
13. Any person who fails to keep a book, or who makes false entries or reports, in violation of Article 35 (2) and (3);
14. Any person who fails to destroy cannabis or who refuses, obstructs, or abstains from relevant disposals, in violation of Article 36 (2) or 42 (2);
15. Any person who sells or uses narcotics, in violation of Article 38 (2);
16. Any person handling psychotropic substances, preannounced temporary narcotics, and temporary narcotics, or any person handling precursors, who violates orders under Article 41 (1), 42, 43 or 47 without justifiable reasons or makes false reports in violation thereof, or who refuses, obstructs, or evades inspection, collection, seizure, or disposition;
17. Any person handling cannabis, who refuses, obstructs, or evades the entry, search, inspection, or collection under Article 41 (1) without justifiable reasons;
18. Any person who handles psychotropic substances by doing business during the period of suspension of business under Article 44;
19. Any person who handles cannabis by doing business during the period of suspension of business under Article 44;
20. Any person who makes a false report under Article 51 (7).
[This Article Wholly Amended on Jun. 7, 2011]
 Article 65 Deleted. <Dec. 26, 2002>
 Article 65-2 (Penalty Provisions)
Where a person on whom a program completion order is imposed under Article 40-2 (2) failed to comply with an instruction of the head of a probation office or the head of a correctional facility regarding fulfillment of the program completion order and thus has received a warning under the Act on Probation, Etc. or the Administration and Treatment of Correctional Institution Inmates Act, and again fails to comply with the instruction without good cause, the following shall apply:
1. He/She shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won if such order is imposed concurrently with imprisonment or heavier punishment;
2. He/She shall be punished by a fine not exceeding 10 million won if such order is imposed concurrently with a fine.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 66 (Concurrent Impositions of Suspension of Qualification or Sentence of Fine)
(1) Any person who commits any of the crimes under Articles 58 and 59 may be concurrently punished by a suspension of qualification for not more than 10 years or by a fine not exceeding 100 million won.
(2) Any person who commits any of the crimes under Articles 60 through 64 may be concurrently punished by a suspension of qualification for not more than five years or by a fine as provided in the respective Articles concerned (limited to the crimes punishable by imprisonment with labor).
[This Article Wholly Amended on Jun. 7, 2011]
 Article 67 (Confiscation)
Any narcotics, temporary narcotics, facilities, equipment, funds, or means of transportation that have been furnished for the purpose of crimes as defined by this Act as well as any proceeds derived therefrom shall be confiscated: Provided, That where they are not confiscable, the value equivalent thereto shall be collected.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 68 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, an employee, or other person of the corporation or an individual commits an offense prescribed by this Act with respect to the affairs of narcotics on behalf of the corporation or the individual, the corporation or the individual, in addition to the offender concerned, shall also be punished by a fine not exceeding 100 million won (in cases of cannabis, 50 million won); in cases of the crimes defined in Articles 61 through 64, a fine provided for in the respective Articles concerned shall be imposed: Provided, That the foregoing shall not apply to cases where a corporation or an individual had not neglected reasonable care and supervision in connection with the relevant matter to prevent such offense.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 69 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on May 18, 2015; Mar. 13, 2018; Dec. 3, 2019>
1. Any person who fails to report under Article 8 (2) and (3);
2. Deleted; <May 18, 2015>
3. Where the amount of psychotropic substances possessed by medical practitioners handling narcotics, managers of narcotics, the retailers of narcotics, for medical practice, animal care or pharmaceutical purposes are different from the reported inventory, in violation of Article 11 (1) through (3) and (5);
4. Deleted; <May 18, 2015>
5. Any person who fails to report under Articles 12 (1), 35 (2) or 51 (7);
6. Any person who stores psychotropic substances, in violation of Article 15;
7. Any person who fails to retain records, in violation of Article 32 (3);
8. Any person who fails to report the reasons of transfer to the relevant authority granting permission after handing over narcotics, in violation of Article 33 (2);
9. Any person who fails to retain a book, in violation of Article 35 (4);
10. Any person who violates Article 5-2 (5), with respect to preannounced temporary narcotics.
(2) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, taking into account the type, severity, etc. of the violations. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 7, 2011]
ADDENDA <Act No. 6146, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Article 2 (Repealed Acts)
The Narcotics Act, the Psychotropic Drugs Control Act, and the Cannabis Control Act shall be hereby repealed.
Article 3 (Transitional Measures concerning License, Permission, Designation, Approval, etc.)
(1) Those who were licensed or permitted as the narcotic drugs importers or the importers-exporters of the psychotropic drugs under the Narcotics Act, the Psychotropic Drugs Control Act, and the Cannabis Control Act (hereinafter referred to as the "previous statutes") which are repealed pursuant to Article 2 of the Addenda as at the time this Act enters into force, shall be construed as the exporter or importer of narcotics under Article 6 (1) 1; those who were licensed or permitted as the narcotic manufacturers, pharmaceutical manufacturers of narcotic drugs, narcotic drugs subdividers, or psychotropic drugs manufacturers thereunder, as the manufacturers of narcotics under Article 6 (1) 2; those who were licensed or permitted as the pharmaceutical manufacturers of ultra-narcotic drugs or users of raw materials of psychotropic drugs thereunder, as the users of raw materials of narcotics under Article 6 (1) 2; those who were licensed or designated as the wholesalers of narcotic drugs or the wholesalers of psychotropic drugs thereunder, as the wholesalers of narcotics under Article 6 (1) 3; those who were licensed or permitted as the academic researchers handling the narcotic drugs, the academic researchers of psychotropic drugs or the cannabis researchers thereunder, as the academic researchers handling the narcotics under Article 6 (1) 4; and those who were permitted as the cannabis cultivators thereunder, as the cannabis cultivators under Article 6 (1) 5.
(2) Those who were licensed or designated as the narcotic drugs managers or the psychotropic drug managers under the previous statutes as at the time this Act enters into force shall be construed as the managers of narcotics under Article 6 (2).
(3) Those who have obtained permission for the narcotic drugs import item, narcotic drugs manufacture item, pharmaceutical manufacture item of narcotic drugs, or narcotic drugs subdivision item, the pharmaceutical manufacture item of ultra-narcotic drugs, or psychotropic drug export-import item, or manufacture item of psychotropic drugs, under the previous statutes as at the time this Act enters into force shall be construed as having obtained the relevant item permission under Article 18 (2), 21 (2) or 24 (2).
Article 4 (Transitional Measures concerning Medical Treatment and Protection Facilities, etc. for Addicts to Narcotics)
Those entities that were designated by the Commissioner of the Korea Food and Drug Administration or the Mayors/Do Governors as the medical treatment and protection agencies under the previous statutes as at the time this Act enters into force shall be construed as the medical treatment and protection facilities under Article 40 (1), while the treatment and protection review committees that were established and operated by the Commissioner of the Korea Food and Drug Administration, Special Metropolitan City, Metropolitan Cities, and Dos shall be construed as the Medical Treatment and Protection Examination Commissions under Article 40 (4).
Article 5 (Transitional Measures concerning Honorary Counselors for Narcotics)
Those who were commissioned as honorary narcotic drugs advisers, honorary advisers on psychotropic drugs or honorary cannabis advisers under the previous statutes before this Act enters into force shall be construed as honorary counselors for narcotics under Article 49 (1).
Article 6 (Transitional Measures concerning Dispositions)
In addition to the matters under Articles 3 through 5 of the Addenda as at the time this Act enters into force, the licenses or permission granted by the administrative agencies, or other actions of the said agencies, or various reports and other actions taken toward the administrative agencies, under the previous statutes, shall be regarded as the dispositions of the administrative agencies, or the actions toward the said agencies, pursuant to the provisions of this Act corresponding thereto.
Article 7 (Transitional Measures concerning Penalty Provisions)
The previous statutes shall govern the application of penalty provisions to the offenses committed in violation of the previous statutes before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes)
Where other statutes and regulations have quoted the previous statutes or their provisions as at the time this Act enters into force, they shall be deemed quoted this Act or its provisions corresponding thereto, respectively, in lieu of them.
ADDENDA <Act No. 6824, Dec. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of subparagraph 6 (i) of Article 2 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Approval for Transfer of Narcotics)
Any person who obtained permission for the transfer of narcotics in accordance with previous provisions in force as at the time this Act enters into force shall be deemed obtained permission in accordance with the amended provision of Article 9 (3).
Article 3 (Transitional Measures concerning Korean Association Against Drug Abuse)
The Korean Association Against Drug Abuse established in accordance with Article 32 of the Civil Act as at the time this Act enters into force shall be deemed established under this Act.
Article 4 (Transitional Measures concerning Penalty Provisions)
The conducts committed before this Act enters into force shall be governed by the previous penalty provisions.
ADDENDA <Act No. 7098, Dec. 20, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9024, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Disposal of Narcotics after Term of Validity, etc. Expires) The amended provisions of Article 12 (2) shall begin to apply from narcotics first disposed of after this Act enters into force.
(3) (Transitional Measures for Medical Treatment and Protection Facilities) A medical treatment and protection facility established or designated under the previous provisions as at the time this Act enters into force shall be construed as a medical treatment and protection facility under this Act.
(4) (Transitional Measures concerning Penalty Provisions and Administrative Fines) The application of penalty provisions and administrative fines to an act before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 9717, Dec. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10786, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the parts related to temporary narcotics among the amended provisions of Articles 5-2, 15, 58 through 61, 63, 64, and 67 shall enter into force three months after the date of promulgation of this Act and the amended provisions of Articles 9 (2) 3 and 32 (3) shall enter into force on the date of promulgation of this Act.
Article 2 (Applicability to Report on Manufacture or Trade of Basic Substances for Narcotics)
The amended provisions of Article 51 (7) shall begin to apply from basic substances for narcotics first manufactured or traded after this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to the offenses that were committed before this Act enters into force shall be governed by previous provisions (excluding Article 68).
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
Where other statutes and regulations have quoted the previous provisions of the Narcotics Control Act as at the time this Act enters into force, they shall be deemed quoted the corresponding provisions of this Act in lieu of them.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11984, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the part "for a period up to one year" in the amended provisions of the main sentence of Article 44 (1), with the exception of its subparagraphs, shall enter into force on the date of its promulgation.
Article 2 (Applicability to Suspension of Business Affairs)
The part "for a period up to one year" in the amended provisions of the main sentence of Article 44 (1), with the exception of the subparagraphs, shall also apply to cases in which administrative disposition is taken against a violation committed before the amended provisions mentioned above enter into force.
ADDENDA <Act No. 12495, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 18 (2) 2 and 44 (1) 1 (bb) and subparagraph 2 (d) of the same paragraph shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Temporary Narcotics)
The amended provisions of Article 5-2 shall begin to apply with the first temporary narcotics preannounced after this Act enters into force.
Article 3 (Applicability to Disposition on Illegal Psychotropic Drugs and Cannabis)
The amended provisions of Article 47 shall begin to apply with the first illegal psychotropic drugs and cannabis uncovered after this Act enters into force.
Article 4 (Transitional Measures concerning Temporary Narcotics)
The amended provisions of Article 5-2 (3) shall apply to the designation period of temporary narcotics publicly announced before this Act enters into force, notwithstanding the previous designation period.
Article 5 (Transitional Measures concerning Administrative Dispositions)
Previous provisions shall apply to administrative dispositions, such as revocation of permission, etc. and suspension of business, etc., taken against acts committed before this Act enters into force.
Article 6 (Transitional Measures concerning Incompetent, etc.)
Previous provisions shall apply to a person for whom the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429), notwithstanding the amended provisions of Articles 6 (3) 1 and 8 (3) 2.
ADDENDA <Act No. 13331, Dec. 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force from the date prescribed by Ordinance of the Prime Minister in consideration of the preparation status of the system necessary for the reporting of handling narcotics, within the scope of not exceeding three years from the date of its promulgation: Provided, That the amended provisions of Articles 9, 11-2, 41, and Article 3 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Preparation for Enforcement of Act)
(1) The Minister of Food and Drug Safety may take necessary measures such as the establishment and operation of the system for the reporting of handling narcotics before the enforcement of this Act.
(2) The Minister of Food and Drug Safety may request the State, local governments, public agencies, persons handling narcotics, persons approved for handling narcotics, etc. to provide data or information (including the personal information under the Personal Information Protection Act) pursuant to the amended provisions of Articles 11, 11-2, and 13 (2) before the enforcement of this Act, if deemed necessary for the enforcement of this Act. In such cases, the Minister of Food and Drug Safety shall determine and publicly notify the procedure, method, etc.
Article 3 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14019, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That matters of the following subparagraphs shall enter into force from the date classified by the following subparagraphs:
1. Amended provisions of subparagraph 4 of Article 2, subparagraphs 7 through 9 of Article 3, Articles 5-2, 46 (3) through (5), and 59 (1) 7: From the date nine months have elapsed after the date of its promulgation;
2. Amended provisions of Articles 16 and 17: From the date Article 11 of the Narcotics Control Act (Act No. 13331) enters into force.
Article 2 (Applicability to Sealing and Indication)
Article 16 The amended provisions of Articles 16 and 17 shall begin to apply from narcotics which have been imported or manufactured for the first time after the said amended provisions enter into force.
ADDENDA <Act No. 14353, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 51-4 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14834, Apr. 18, 2017>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15481, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Imposition of Administrative Fines)
Imposition of administrative fines under the amended provisions of Article 69 (1) 10 shall begin to apply from the first violator after this Act enters into force.
ADDENDA <Act No. 15939, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 7 and 10 (a) of Article 3 and Articles 4 (2) 6, 9 (1), 46 (1), and 52-2 shall enter into force three months after the date of its promulgation, and the amended provisions of Article 44 (1) 2 (f) and (g), Article 44 (3) and Article 53-2 shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Imposition of Administrative Surcharges)
The previous provisions shall apply to the imposition of penalty surcharges for violations committed before the amended provisions of Article 46 (1) enter into force.
ADDENDA <Act No. 16714, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5-3, 11-2 (2), 11-3 through 11-5 and the amended provisions of Articles 11-6, 61 (1) 10 and 62 (1) 3 (applicable only to the parts relating to the amended provisions of Articles 11-3 through 11-5) shall enter into force on the day on which six months pass from the date of promulgation; and the amended provisions of Articles 40-2, 40-3 and 65-2 on the day on which one year passes from the date of promulgation.
Article 2 (Applicability to Concurrent Imposition of Punishment, Lecture Attendance Orders, etc. on Narcotics Criminals)
The amended provision of Article 40-2 shall begin to apply to a person who, in violation of Article 3, 4 or 5, self-administers, smokes or ingests narcotics for the first time after such amended provision enters into force.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17190, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Advertising of Narcotic Drugs or Psychotropic Substances)
The amended provisions of Article 14 shall begin to apply to cases where narcotic drugs or psychotropic substances are advertised after this Act enters into force.