ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT
Presidential Decree No. 16884, Jul. 1, 2000
Amended by Presidential Decree No. 17110, Jan. 27, 2001
Presidential Decree No. 17431, Dec. 19, 2001
Presidential Decree No. 18078, Jul. 30, 2003
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19135, Nov. 16, 2005
Presidential Decree No. 19744, Dec. 4, 2006
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 21029, Sep. 23, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21605, Jul. 1, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22656, Feb. 1, 2011
Presidential Decree No. 23095, Aug. 25, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23845, jun. 7, 2012
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25582, Aug. 27, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25888, Dec. 23, 2014
Presidential Decree No. 26427, Jul. 20, 2015
Presidential Decree No. 26980, Feb. 12, 2016
Presidential Decree No. 27573, Nov. 1, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28395, Oct. 17, 2017
Presidential Decree No. 28589, Jan. 16, 2018
Presidential Decree No. 29157, Sep. 11, 2018
Presidential Decree No. 29620, Mar. 12, 2019
Presidential Decree No. 30244, Dec. 10, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30545, Mar. 24, 2020
Presidential Decree No. 30755, jun. 2, 2020
Presidential Decree No. 31048, Sep. 22, 2020
Presidential Decree No. 31381, Jan. 5, 2021
Presidential Decree No. 31380, Jan. 5, 2021
The purpose of this Decree is to prescribe matters mandated by the Narcotics Control Act and other matters necessary for the enforcement of the said Act. [This Article Wholly Amended on Jun. 7, 2012]
| Article 2 (Narcotic Drugs) |
| (2) | Narcotic drugs under subparagraph 2 (e) of Article 2 of the Act shall be as set forth in attached Table 2. |
| (3) | Psychotropic substances under subparagraph 3 (a) through (e) of Article 2 of the Act shall be as set forth in attached Tables 3 through 7. |
| (4) | Cannabis under subparagraph 4 (c) of Article 2 of the Act shall be as set forth in attached Table 7-2. <Newly Inserted on Nov. 1, 2016> |
| (5) | Precursors under subparagraph 6 of Article 2 of the Act shall be as set forth in attached Table 8. <Amended on Nov. 1, 2016> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 2-2 (Events for Narcotics Eradication Day) |
| (1) | The State and local governments may conduct commemorative events for the Narcotics Eradication Day under Article 2-3 (2) of the Act for a fixed week or month. |
| (2) | In case of conducting commemorative events for the Narcotics Eradication Day under Article 2-3 (2) of the Act, the State and local governments may select individuals or organizations rendering distinguished services for eradicating narcotics, as contributors to the eradication of narcotics, and grant rewards to them. |
[This Article Newly Inserted on Oct. 17, 2017]
| Article 3 (Exception to General Prohibition of Acts) |
| (1) | In any of the following cases, a person may obtain approval for handling narcotic drugs, precursors, etc. from the Minister of Food and Drug Safety pursuant to the proviso to subparagraph 2, 3, or subparagraph 4 of Article 3 of the Act: <Amended on Mar. 23, 2013; Dec. 23, 2014; Jan. 5., 2021> |
| 1. | Where an academic researcher handling narcotics intends to handle limited amounts necessary for academic research; |
| 2. | Where the handling of narcotics, is required for performance of official duties; |
| 3. | Where a manufacturer of narcotics or drug manufacturer registered under the Pharmaceutical Affairs Act intends to handle precursors in order to manufacture a prototype for obtaining an item permission of a psychotropic substance; |
| 5. | Circumstances equivalent to those prescribed in subparagraphs 1 through 4, in which the Minister of Food and Drug Safety deems it necessary to handle narcotic drugs, precursors, etc. |
| (2) | In any of the following cases, a person may obtain approval for handling psychotropic substances, etc. from the Minister of Food and Drug Safety pursuant to the proviso to subparagraph 5 or 6 of Article 3 of the Act: <Amended on Mar. 23, 2013; Dec. 23, 2014> |
| 1. | Where an academic researcher handling narcotics intends to handle limited amounts necessary for academic research; |
| 2. | Where the handling of narcotics, is required for performance of public duties; |
| 3. | Where a manufacturer of narcotics needs psychotropic substances for testing; |
| 5. | Cases equivalent to those prescribed in subparagraphs 1 through 4, in which the Minister of Food and Drug Safety deems it necessary to handle psychotropic substances, etc. |
| (3) | In any of the following cases, a person may obtain approval for exporting and importing, manufacturing (including formulating or subdividing cannabis; hereinafter the same shall apply), trading, or arranging the trade of, cannabis from the Minister of Food and Drug Safety pursuant to the proviso to subparagraph 7 of Article 3 of the Act: <Amended on Nov. 1, 2016; Mar. 12, 2019> |
| 1. | Where a public official handling narcotics for his/her official duties needs cannabis to perform such official duties; |
| 2. | Where an academic researcher handling narcotics needs cannabis to perform his/her academic research; |
| (b) | Cannabis as a medicine which a patient requests the Center to import and sell as he/she cannot find a substitute medicine in the Republic of Korea; |
| 4. | Where a patient needs cannabis as a medicine imported by the Center under subparagraph 3 for the treatment of his/her disease. |
| (4) | Matters necessary for applying for approval under paragraphs (1) through (3) shall be determined by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 4 (Exceptional Handling of Narcotics by Person Handling Narcotics) |
| (1) | In any of the following cases, a person handling narcotics may obtain approval for handling narcotics from the Minister of Food and Drug Safety under the proviso to Article 4 (3) of the Act: <Amended on Mar. 23, 2013; Dec. 23, 2014; Jan. 5, 2021> |
| 1. | Where an exporter and importer of narcotics, a manufacturer of narcotics, a user of raw materials of narcotics, or an academic researcher handling narcotics intends to handle narcotics for the purpose of quality control of narcotics; |
| 2. | Where an exporter and importer of narcotics, a manufacturer of narcotics, a user of raw material of narcotics, or an academic researcher handling narcotics intends to handle narcotics for the purpose of clinical research to obtain an item permission for narcotics, psychotropic substances, or ultra-narcotic drugs, or manufacture of a prototype; |
| 3. | Circumstances equivalent to those prescribed in subparagraphs 1 and 2, in which the Minister of Food and Drug Safety deems it necessary to handle narcotics. |
| (2) | Matters necessary for applying for approval under paragraph (1) shall be determined by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
[Moved from Article 5 <Jun. 7, 2012>]
| Article 5 (Prohibition and Restriction on Handling Narcotics) |
If the Minister of Food and Drug Safety takes measures such as the prohibition, etc. under Article 5 (3) of the Act, he/she shall give notice of such fact in writing. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Jun. 7, 2012]
[Moved from Article 6; previous Article 5 moved to Article 4 <Jun. 7, 2012>]
| Article 5-2 (Agencies to Consult with When Designating Temporary Narcotics) |
"Relevant agencies determined by Presidential Decree" in Article 5-2 (3), with the exceptions of the subparagraphs, of the Act means the Ministry of Education, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family, the National Intelligence Service, the Korea Customs Service, the Prosecutors' Office, the National Police Agency, the Korea Coast Guard, and other relevant agencies with which the Minister of Food and Drug Safety deems it necessary to consult on the designation of temporary narcotics. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 11, 2018> [This Article Wholly Amended on Jun. 7, 2012]
[Moved from Article 6-2 <Jun. 7, 2012>]
| Article 5-3 (Approval for Handling Preannounced Temporary Narcotics or Temporary Narcotics) |
Where a public official handling narcotics for performing public duties or an academic researcher handling narcotics pursuant to Article 5-2 (6) 2 of the Act intends to handle preannounced temporary narcotics or temporary narcotics, he/she shall obtain approval from the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister. <Amended on Sep. 11, 2018> [This Article Newly Inserted on Nov. 1, 2016]
| Article 5-4 (Term of Office for Members of Narcotics Safety and Risk Management Deliberative Committee) |
The term of office for members of the Narcotics Safety and Risk Management Deliberative Committee under Article 5-3 (1) of the Act (hereinafter referred to as the "Deliberative Committee") shall be classified as follows: | 1. | Public officials appointed or commissioned pursuant to Article 5-3 (3) 1 of the Act: The period of service in a position in charge of safety control, etc. of narcotics under the same subparagraph; |
| 2. | Members commissioned pursuant to Article 5-3 (3) 2 through 4 of the Act: Two years: Provided, That the term office of a member newly commissioned due to resignation, etc. of a member shall be the remainder of his/her predecessor's term of office. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 5-5 (Disqualification of, Challenge to, or Refrainment by Members) |
| (1) | A member of the Deliberative Committee in any of the following cases, shall be disqualified from the deliberation and resolution by the relevant Deliberative Committee: |
| 1. | Where the member, or his/her spouse or his/her former spouse is a party to the relevant agenda (if the party is a corporation, organization, etc., its executive officer or employee shall be included; hereafter the same shall apply in this subparagraph and subparagraph 2), or is holding any right or obligation jointly with a party whose case is on the agenda; |
| 2. | The member is or was in a relative of a party whose case is on the agenda; |
| 3. | Where the member or the corporation, organization, etc. to which the member belongs has given testimony, statement, advice or performed research, services, or appraisal regarding the relevant agenda item; |
| 4. | The member or the corporation, organization, etc. to which the member belongs, is or was an agent for a party whose case is on the agenda; |
| 5. | Where the member has served as an executive officer or employee in the corporation, organization, etc. that is a party whose case is on the agenda within the last three years; |
| 6. | Where the chairperson of the Committee (hereinafter referred to as the "Chairperson") deems that a member has a significant cause that impedes fair deliberation and resolution by the Deliberative Committee, such as a direct interest in the relevant agenda item. |
| (2) | Where a party whose case is on the agenda finds it difficult to expect fair deliberation and resolution by the member, he/she may file a written challenge to the member with the Deliberative Committee; and the Deliberative Committee shall render a decision thereon by resolution. In such cases, the member against whom such challenge was filed shall not participate in such resolution process. |
| (3) | If the member has any of the grounds for disqualifications under paragraph (1) or is in a circumstance in which it is difficult to conduct fair deliberation, the member shall voluntarily refrain from deliberation and resolution on the relevant agenda item. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 5-6 (Dismissal or Decommission of Committee Member) |
The Minister of Food and Drug Safety may dismiss or decommission a member of the Deliberative Committee from office in any of the following cases:
| 1. | Where the member becomes incapable of performing his/her duties due to mental or physical disorder; |
| 2. | Where the member is found to have committed any wrongdoing in connection with his/her duties; |
| 3. | Where the member is deemed unsuitable to continue as a member due to his/her neglect of duty, loss of dignity, or any other reason; |
| 4. | Where the member voluntarily informs that it is difficult to perform his/her duties. |
| 5. | Where the member fails to refrain from deliberation and resolution as required under Article 5-5 (3) even though he/she is subject to disqualification under paragraph (1) of the same Article. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 5-7 (Operation of the Deliberative Committee) |
| (1) | The Chairperson shall represent the Deliberative Committee and preside over administrative affairs of the Deliberative Committee. |
| (2) | Where the Chairperson is unable to perform any of his/her duties due to any unavoidable reason, a member designated by the Chairperson, in advance, shall act on behalf of the Chairperson. |
| (3) | A meeting of the Deliberative Committee shall be held upon attendance of a majority of the incumbent members; and its resolution shall be passed by a two-thirds majority vote of the members present. |
| (4) | The Deliberative Committee shall have an executive secretary to perform its administrative affairs, and the executive secretary shall be appointed by the Minister of Food and Drug Safety, from among the public officials of the Ministry of Food and Drug Safety. |
| (5) | Where it is deemed necessary for deliberation and resolution of the Deliberative Committee, the Deliberative Committee may request relevant administrative agencies, public institutions, corporations, organizations, experts, etc. to appear before committee meetings or to submit opinions or data. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 5-8 (Detailed Operating Rules of Deliberative Committee) |
Detailed matters necessary for the operation, etc. other than those prescribed in Articles 5-4 through 5-7 shall be determined by the Minister of Food and Drug Safety. [This Article Newly Inserted on Jun. 2, 2020]
| Article 6 (Permission for Exporting and Importing or Manufacturing Precursors) |
"Precursors determined by Presidential Decree" in the former part of Article 6-2 (1) of the Act means the precursors falling under Category 1 of attached Table 8. [This Article Newly Inserted on Jun. 7, 2012]
[Title Amended on Mar. 12, 2019]
[Previous Article 6 moved to Article 5 <Jun. 7, 2012>]
[Previous Article 6-2 moved to Article 5-2 <Jun. 7, 2012>]
| Article 7 Deleted. <Nov. 1, 2016> |
| Article 8 (Designation, etc. of Center for Narcotics Information Management) |
| (2) | Before the commencement of each fiscal year, the head of the Information Center shall obtain approval from the Minister of Food and Drug Safety for the business plan for the next year and the budget bill therefor to which the following documents are attached, via a resolution by its board of directors. The same shall apply in cases of altering such business plan or budget bill: <Newly Inserted on Nov. 1, 2016; Jun. 2, 2020; Jan. 5, 2021> |
| 1. | Statement of estimated financial position; |
| 2. | An estimated profit and loss statement; |
| 3. | A plan for revenue and expenditure of funds. |
[This Article Newly Inserted on Jul. 20, 2015]
| Article 8-2 (Scope of Data Requested for Duties Performed by Information Center) |
| (d) | Data concerning administrative dispositions, such as the revocation of licenses and suspension of qualification, imposed on medical doctors, dentists, and oriental medical doctors under Articles 65 and 66 of the Medical Service Act. |
| (d) | Records of dispensation referred to in Article 30 (1) of the Pharmaceutical Affairs Act (such records shall be limited to the personal information of a patient, the name of a prescription drug, the number of prescription days and the details of dispensation); |
| (f) | Data concerning administrative dispositions, such as revocation of licenses and suspension of qualification, imposed on pharmacists and oriental medicine pharmacists under Article 79 of the Pharmaceutical Affairs Act; |
| (c) | Medical records under Article 13 (1) of the Veterinarians Act (limited to the name and address of the owner or manager of an animal, the name of the disease, major symptoms, and the name and quantity of a narcotic drug or psychotropic substance used); |
| (d) | Data concerning administrative dispositions, such as revocation of licenses and suspension of validity thereof, imposed on veterinarians under Article 32 of the Veterinarians Act; |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 8-3 (Construction and Operation of Narcotics Information Management System) |
| (1) | Where deemed necessary for building and operating the narcotics information management system under Article 11-3 of the Act (hereinafter referred to as the "narcotics information management system"), the Minister of Food and Drug Safety may request relevant administrative agencies, public institutions, corporations, organizations, experts, etc. to provide cooperation, such as the submission of opinions or data. |
| (2) | Where deemed necessary for the efficient improvement and maintenance of the narcotics information management system, the Minister of Food and Drug Safety may formulate an evaluation system concerning the process of operation of the narcotics information management system, outcomes of operation thereof, measures to ensure safety, etc. and conduct evaluations thereof on a regular basis: Provided, That where the Minister of Food and Drug Safety deems that an important or urgent evaluation is required, evaluation may be conducted at any time. |
| (3) | The Minister of Food and Drug Safety may take the following technical or physical measures, etc. to prevent the divulgence, forgery, alteration, damage, etc. of the information managed by the integrated narcotics management system: |
| 1. | Designation and management of persons having authority to access the narcotics information management system; |
| 2. | Installation and operation of a firewall, intrusion detection system, intrusion prevention system, etc. to prevent unauthorized access to the narcotics information management system; |
| 3. | Measures to encode information managed by the narcotics information management system or the installation and renewal of security programs, etc.; |
| 4. | Retention and management of records of access to the narcotics information management system, records of use, etc.; |
| 5. | Review and inspection of the security of other information systems operated in connection with the narcotics information management system. |
| (4) | The Minister of Food and Drug Safety may perform the following affairs through the integrated narcotics management system: |
| 3. | Provision of integrated narcotics information under Article 11-4 (1) of the Act and the proviso of paragraph (2) of the same Article; |
| 5. | Other affairs similar to those referred to in subparagraphs 1 through 4, which the Minister of Food and Drug Safety deems it appropriate to perform by utilizing the integrated narcotics management system. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 8-4 (Provision, etc. of Integrated Narcotics Information) |
| (1) | “Administrative agencies and public institutions prescribed by Presidential Decree” in Article 11-4 (1) of the Act means the institutions under the following classifications: |
| 1. | Administrative agencies: |
| (a) | Ministry of Economy and Finance; |
| (b) | Ministry of Education; |
| (c) | Ministry of Foreign Affairs; |
| (e) | Ministry of the Interior and Safety; |
| (f) | Ministry of Health and Welfare; |
| (g) | Korea Communications Commission; |
| (h) | National Intelligence Service; |
| (i) | Korea Customs Service; |
| (k) | Supreme Prosecutors' Office; |
| (l) | Korean National Police Agency; |
| (n) | Other central or local administrative agencies related to the handling and management of narcotics, their provision of the integrated narcotics information [excluding personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act (hereinafter referred to as "personal information")] deemed necessary by the Minister of Food and Drug Safety; |
| (2) | Where the Minister of Food and Drug Safety and the head of the Information Center provide integrated narcotics information pursuant to the proviso, with the exception of the subparagraphs, of Article 11-4 (2) of the Act, they shall comply with the following standards: |
| 1. | They shall provide such information through the integrated narcotics management system: Provided, That this shall not apply where the Minister of Food and Drug Safety deems it inappropriate to provide such information through the integrated narcotics management system, taking into consideration the details, nature, purpose, methods, etc. of the information provided; |
| 2. | They shall provide such information to the minimum extent necessary for the performance of relevant duties, taking into account the purposes of use or utilization of the integrated narcotics information provided; |
| 3. | They shall clearly state that the integrated narcotics information provided shall not be used or utilized for other than its original purpose, or shall not be provided to any third party; |
| 4. | Where personal information is included in the integrated narcotics information provided, they shall request measures to protect the relevant personal information: Provided, That the foregoing shall not apply where such integrated narcotics information is provided pursuant to Article 11-4 (2) 2 of the Act or provided in the form of perusal through the integrated narcotics management system. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 8-5 (Processing and Utilization of Integrated Narcotics Information) |
| (1) | Where it is deemed necessary for efficient processing and utilization of the integrated narcotics information under Article 11-5 of the Act (excluding personal information: hereafter in this Article, the same shall apply), the Minister of Food and Drug Safety and the head of the Information Center may request relevant administrative agencies, public institutions, corporations, organizations, experts, etc. to provide necessary cooperation, such as the submission of opinions or data. |
| (2) | The Minister of Food and Drug Safety and the head of the Information Center may process and utilize integrated narcotics information through the narcotics information management system, and where they process the relevant integrated narcotics information, they shall process it within the extent not causing any impediment to the safety of the relevant integrated narcotics information, taking into consideration the purpose of utilization thereof, etc. |
| (3) | The Minister of Food and Drug Safety and the head of the Information Center may request persons provided with statistical data, etc. concerning misuse or abuse of narcotics under Article 11-5 of the Act to submit the performance records of affairs achieved by utilizing the relevant statistical data, etc., the outcomes thereof, or the like. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 9 (Receiving Narcotic Drugs in Unsealed Containers) |
“Grounds prescribed by Presidential Decree, such as where narcotics in possession under Article 13 are transferred to a person handling narcotics” in Article 16 (2) 2 of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 1, 2016> | 1. | Where he/she receives such substances after obtaining approval from the authorities granting permission under Article 13 (1) of the Act; |
| 2. | Where an academic researcher receives such substances for the purpose of academic research; |
| 3. | Where he/she receives such substances in manufactured or semi-manufactured forms as they are required for the purpose of research and testing in connection with the performance of official duties. |
[This Article Wholly Amended on Jun. 7, 2012]
[Title Amended on Oct. 17, 2017]
| Article 10 Deleted. <Mar. 12, 2019> |
| Article 11 (Administration of Narcotic Drugs) |
If a medical practitioner handling narcotics intends to provide narcotic drugs for administration for the purpose of medical treatment or treatment of animals in accordance with Article 30 of the Act, he/she shall prepare and provide them. [This Article Wholly Amended on Jun. 7, 2012]
| Article 12 (Transfer of Records) |
Where the representative of a medical institution hands over narcotics under his/her control in accordance with Article 33 (2) of the Act, the representative shall do so along with the records of handling such narcotics. <Amended on Nov. 1, 2016> [This Article Wholly Amended on Jun. 7, 2012]
| Article 12-2 (Matters to Be Observed by Persons Handling Narcotics) |
In accordance with Article 38 (3) of the Act, a person handling narcotics shall observe matters as follows: <Amended on Nov. 1, 2016> | 1. | Keeping, and preserving for two years, the records of the storage, delivery, and use of narcotics that are kept, held, or controlled by a person handling narcotics: Provided, That this shall not apply where a person handling narcotics reports the warehousing, release, and use of stored, possessed, or managed medical narcotics to the Minister of Food and Drug Safety pursuant to Article 11 of the Act; |
| 2. | Keeping any person other than a person handling narcotics or the employee he/she designates out of the facilities for the storage of narcotics with medical uses, and making spot checks of these facilities more than once a week and keeping the records of the results of such checks for two years; |
| 3. | Guiding and supervising employees thoroughly to prevent the theft of narcotics with medical uses. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 13 (Use of Narcotic Drugs for Narcotic Addicts) |
Any administration of narcotic drugs under the proviso, with the exception of the subparagraphs, of Article 39 of the Act shall be limited to a case in which such administration is deemed by the head of the medical treatment and protection institute under Article 40 (1) of the Act to be particularly necessary in light of the symptoms of a narcotic addict and thereby permitted by the Minister of Health and Welfare, or the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor (hereinafter referred to as the “Mayor/Do Governor”), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Nov. 1, 2016; Oct. 17, 2017> [This Article Wholly Amended on Jun. 7, 2012]
| Article 13 (Entry, Inspection, and Collection) |
[This Article Newly Inserted on Sep. 22, 2020]
| Article 14 (Administrative Disposition, etc.) |
Orders for necessary measures, such as the destruction under Article 42 (1) of the Act, and orders for the revocation of permission, etc., suspension of business, or suspension of handling, etc. under Article 44 (1) of the Act shall be issued in writing, and in case of executing seizure or taking other necessary measures under Article 47 of the Act, such documents as a certificate of seizure, etc. shall be issued as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Oct. 17, 2017> [This Article Wholly Amended on Jun. 7, 2012]
| Article 15 (Criteria for Calculation of Penalty Surcharges) |
The amount of a penalty surcharge provided for in Article 46 of the Act shall be assessed by applying the relevant criteria set forth in attached Table 9 in compliance with the criteria for the suspension of business prescribed by Ordinance of the Prime Minister, in consideration of the kind and degrees of offenses. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Jun. 7, 2012]
| Article 16 (Procedures for Imposition and Collection of Penalty Surcharges) |
| (1) | If the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to impose a penalty surcharge in accordance with Article 46 of the Act, he/she shall inform the person subject to the penalty surcharge of such intent in writing, specifying matters such as the kind of the violation in question and the amount of the penalty surcharge. <Amended on Mar. 23, 2013; Nov. 1, 2016> |
| (2) | Any person who has received the written notice as provided in paragraph (1) shall, within 20 days, pay the penalty surcharge to a receiving agency designated by the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu: Provided, That, where its payment by the deadline is impossible due to events of force majeure or other inevitable reasons, he/she shall pay it within seven days from the date on which such reasons cease to exist. <Amended on Mar. 23, 2013; Nov. 1, 2016> |
| (3) | The receiving agency that receives a penalty surcharge under paragraph (2) shall issue a receipt to the person who pays the penalty surcharge. |
| (4) | The receiving agency that has received the penalty surcharges under paragraph (2) shall notify such fact to the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu without delay. <Amended on Mar. 23, 2013; Nov. 1, 2016> |
| (5) | No penalty surcharge may be paid in installments. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 16-2 (Disposition for Defaulters of Penalty Surcharges) |
| (1) | Where a person liable to pay a penalty surcharge pursuant to Article 46 (1) of the Act fails to pay such surcharge by the payment deadline, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall serve a demand notice on him/her pursuant to the main sentence of Article 46 (4) of the Act, within 15 days after the payment deadline. In such cases, the due date for payment shall be within 10 days from the date the demand is served. |
| (2) | Where a person liable to pay a penalty surcharge fails to pay such surcharge by the due date for payment after receiving the demand notice under paragraph (1), the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall revoke the disposition of imposing the penalty surcharge pursuant to the main sentence of Article 46 (4) of the Act and suspend business under Article 44 (1) of the Act, or collect the penalty surcharge in the same manner as delinquent national taxes are collected, or as prescribed by the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020> |
| (3) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu revokes the disposition of imposing the penalty surcharge pursuant to the main sentence of Article 46 (4) of the Act and suspend business under Article 44 (1) of the Act, he/she shall notify, in writing, the details thereof to the person subject to the disposition. In such cases, the written notice shall include matters necessary for the disposition of suspending business, such as the reason for altering the original disposition and the period for the disposition of business suspension. |
[This Article Newly Inserted on Nov. 1, 2016]
| Article 17 (Inspectors for Narcotics) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall appoint any of the following subordinate public officials as an inspector for narcotics in accordance with Article 48 of the Act: <Amended on Mar. 23, 2013> |
| 1. | A person who has at least a bachelor’s degree in pharmacy or law from a school defined in Article 2 of the Higher Education Act, or who is deemed to meet or exceed the academic achievement equivalent thereto under other statutes; |
| 2. | A person who has been engaged in performance of duties concerning pharmaceutical affairs for at least one year; |
| 3. | A person who has been engaged in performance of duties concerning public health administration at a public health agency for at least one year. |
| (2) | The scope of duties performed by the inspector for narcotics under Article 48 (2) of the Act shall be as follows: <Amended on Dec. 23, 2014> |
| 1. | To monitor, visit, inspect, and supervise the authorized persons handling narcotics, persons who obtained approval for handling narcotics and business places handling narcotics; |
| 2. | To monitor, visit, inspect, and supervise the persons and business places handling precursors; |
| 3. | To collect narcotic drugs or psychotropic substances or ultra-narcotic drugs, or pharmaceuticals related therewith for quality control of narcotic drugs or psychotropic substances, or ultra-narcotic drugs; |
| 4. | To support the medical care and protection of narcotic addicts. |
| (3) | When the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu appoints an inspector for narcotics pursuant to paragraph (1), he/she shall make an entry thereof in the register of appointment, and issue an inspector's identification card. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 18 (Honorary Counselors for Narcotics) |
| (1) | If the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to have any person as an honorary counselor for narcotics under Article 49 of the Act, such person shall be commissioned from among any of the following persons: <Amended on Mar. 23, 2013> |
| 1. | A person who has a degree of Bachelor or higher from a school under Article 2 of the Higher Education Act, or who is deemed to meet or exceed the academic achievement equivalent thereto under other statutes; |
| 2. | A person who is a member or employee of a consumer-related organization, a youth-related organization, or a medical or pharmaceutical affairs-related association or organization (hereinafter referred to as the "relevant organization") and is recommended by the head of the related organization; |
| 3. | A person who has been engaged in performance of duties concerning public health administration at a public health agency for at least one year. |
| 4. | A person who has been engaged in performance of investigative duties dealing with narcotics for a year or longer. |
| 1. | Publicity and awareness-raising campaigns for the prevention of misuse or abuse of narcotics; |
| 2. | Reports on and provision of data concerning violations of the Act. |
| (3) | The term of office of an honorary counselor for narcotics shall be two years, and it may be renewed: Provided, That the renewal of the term of office of the person commissioned pursuant to paragraph (1) 2 shall be subject to a request for renewal by the head of the relevant organization. |
| (4) | The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assist honorary counselors for narcotics with expenses required for their activities, within budgetary limits. <Amended on Mar. 23, 2013> |
| (5) | Where an honorary counselor for narcotics falls under any of the following, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall revoke the commissioning as an honorary counselor for narcotics: <Amended on Mar. 23, 2013> |
| 2. | Where he/she leaves, or is dismissed from, the relevant organization or where he/she is disqualified as a member of the same organization; |
| 3. | Where he/she has aroused public criticism for an unlawful act in connection with his/her duties as an honorary counselor for narcotics; |
| 4. | Where it is impracticable for him/her to perform his/her duties due to illness or injury, etc. |
| (6) | Except as otherwise provided for in this Decree, detailed matters necessary for the management of the honorary counselors for narcotics shall be separately determined by the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 19 (Transactions of Precursors Exempt from Requirement for Record Keeping) |
| 1. | In cases of import, a transaction in which the certificate of manufacture or the certificate of sales issued by the Government of the producing country is attached; |
| 2. | In cases of export, a transaction in which the certificate of export issued by the Government of the Republic of Korea is attached; |
| 3. | In cases of transfer or receipt or sale or purchase, a transaction to which the State or a local government is a party. |
| (2) | The maximum trading volume of precursors exempt from the requirement for record keeping under Article 51 (2) 5 of the Act shall be as set forth in attached Table 8. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 19-2 (Report on Precursors Involved in Accidents such as Theft) |
If a precursor is stolen, missing, or involved in other accidents, as classified in the following subparagraphs, a person handling the precursors shall report it to the Minister of Justice or the Minister of Food and Drug Safety without delay, pursuant to Article 51 (3) 2 of the Act: <Amended on Mar. 23, 2013> | 1. | Where attached Table 8 specifies the maximum trading volume of the precursor: The precursor not less than the maximum trading volume; |
| 2. | Where attached Table 8 does not specify the maximum trading volume of the precursor: The relevant precursor. |
[This Article Newly Inserted on Sep. 23, 2008]
| Article 20 (Kind of Precursors Subject to Approval, and Procedures for Approval) |
| (1) | Precursors under Category 1 of attached Table 8 shall constitute the kind of precursors for which a person intending to export or import them pursuant to Article 51 (5) of the Act is required to obtain approval from the Minister of Food and Drug Safety whenever precursors are exported or imported: Provided, That precursors that shall be subject to permission, approval, registration, or reports concerning the import or export under the Pharmaceutical Affairs Act, the Food Sanitation Act, and other relevant Acts shall be excluded. <Amended on Mar. 23, 2013> |
| (2) | Any person who intends to obtain approval for export or import of precursors referred to in the main sentence of paragraph (1) shall submit to the Minister of Food and Drug Safety an application for the approval for export or import of precursors, along with documents determined by Ordinance of the Prime Minister.<Amended on Mar. 23, 2013> |
| (3) | When the Minister of Food and Drug Safety has granted approval upon the application under paragraph (2), he/she shall issue to the applicant a written approval for export or import of precursors. <Amended on Mar. 23, 2013> |
| (4) | The head of the administrative agency that has granted the permission or approval for export or import of precursors or has received the registration of or reports on such export or import in accordance with the proviso to paragraph (1) shall notify the Minister of Food and Drug Safety of the details of the permission, approval, registration, or reports, including the name of a person handling precursors, import country, export country, quantities, purpose of use, etc. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 20-2 (Operation, etc. of Korean Association Against Drug Abuse) |
| (1) | The head of the Korean Association Against Drug Abuse shall submit its project plans and budget estimates to the Minister of Food and Drug Safety by 60 days prior to the commencement of each fiscal year, in accordance with Article 51-2 (5) of the Act. <Amended on Mar. 23, 2013> |
| (2) | If the head of the Korean Association Against Drug Abuse intends to modify the details of the project plans and budget estimates under paragraph (1), he/she shall submit a written document specifying the details to be modified and the reasons therefor to the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Food and Drug Safety has received the project plans and budget estimates for a subsequent year under paragraph (1) or a written document containing the details to be modified and the reasons therefor under paragraph (2), if necessary, he/she may request the head of the Korean Association Against Drug Abuse to submit materials concerning the following matters: <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 20-3 (Substances Subject to Hazard Assessment) |
| 1. | Substances similar to narcotics or temporary narcotics in structure and effect, feared to cause harm or danger to the public health; |
| 2. | Substances which are likely to cause physical or psychological harm or danger due to misuse or abuse thereof. |
[This Article Newly Inserted on Mar. 12, 2019]
| Article 21 (Method of Destruction of Confiscated Narcotics) |
If a Mayor/Do Governor destroys the confiscated narcotics, in accordance with Article 53 (2) of the Act, he/she shall be required to do so by any of the following methods: | 1. | Burning narcotics, which are inflammable, in a place where no danger may be caused to the public health and sanitation; |
| 2. | Turning narcotics into non-narcotic substances by neutralization, hydrolysis, oxidation, deoxidation, dilution, and other methods; |
| 3. | Burying narcotics, if undestroyable by the methods under subparagraph 1 or 2, not less than one meter deep underground where there is no risk of polluting the underground water or making them sink into the sea water in the manner precluding their rise on the surface, or otherwise disposing of them in such a manner as may not cause any harm or danger to the public health and sanitation. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 22 (Disposal of Confiscated Narcotics) |
| (1) | "Necessary disposals thereof" in Article 53 (2) of the Act means disposals referring to any of the following cases, in which a Mayor/Do Governor deems it necessary to provide confiscated narcotics: |
| 1. | Where an academic researcher handling narcotics intends to use a limited quantity of them as may be necessary for the purpose of research; |
| 2. | Where they are to be used for a test in the process of performing duties; |
| 3. | Where confiscated narcotics are to be reused as narcotics manufactured, imported, etc. under the Act. |
| (2) | Any person who intends to be provided with narcotics in accordance with paragraph (1) 1 and 2 shall submit an application therefor to a Mayor/Do Governor, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013> |
| (3) | A Mayor/Do Governor who intends to reuse the narcotics under paragraph (1) 3 shall designate a transferee thereof. |
| (4) | Any person who intends to be designated as a transferee under paragraph (3) and thereby intends to have the confiscated narcotics transferred shall pay the amount of the price set by a Mayor/Do Governor to the City/Do concerned by its revenue stamps: Provided, That the Mayor/Do Governor may have it paid by means of electronic currencies, electronic settlement, etc. through information and communications networks. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 22-2 (Selection of Participants in Projects to Collect and Destroy Narcotics for Medical Use) |
| (1) | An individual, organization, group, corporation, etc. involved in projects to collect and destroy leftover narcotics for medical use at home (hereinafter referred to as “collection and destruction projects”) under Article 53-2 of the Act (hereinafter referred to as “participant in collection and destruction projects”) shall be selected based on the following criteria: |
| 1. | They shall have necessary personnel and organizations dedicated to performing collection and destruction projects; |
| 2. | They shall have facilities, equipment, etc. necessary to perform collection and destruction projects; |
| 3. | The purpose of establishment and performance records shall be related to the fields of health and medical services. |
| (2) | When the Minister of Food and Drug Safety or a Mayor/Do Governor selects participants in collection and destruction projects under Article 53-2 of the Act, he/she shall publicly announce a selection plan including the following matters for at least 30 days: |
| 1. | Matters regarding the details, period, etc. of collection and destruction projects; |
| 2. | Matters regarding the methods, procedures, etc. of selecting participants in collection and destruction projects; |
| 3. | Matters regarding subsidization for participants in collection and destruction projects; |
| 4. | Other matters deemed necessary by the Minister of Food and Drug Safety or a Mayor/Do Governor with regard to selection of participants in collection and destruction projects. |
| (3) | A person who intends to be selected as a participant in collection and destruction projects under Article 53-2 of the Act shall submit an application for selection of participants in collection and destruction projects to the Minister of Food and Drug Safety or a Mayor/Do Governor, along with the following documents: |
| 1. | Documents evidencing compliance with the selection criteria prescribed in the subparagraphs of paragraph (1); |
| 2. | A business plan to perform collection and destruction projects; |
| 3. | A fund management plan to perform collection and destruction projects; |
| 4. | Articles of incorporation or business operation regulations equivalent thereto. |
| (4) | Where the Minister of Food and Drug Safety and a Mayor/Do Governor selects participants in collection and destruction projects under Article 53-2 of the Act, he/she shall publicly announce such fact in the website. |
| (5) | A person selected as a participant in collection and destruction projects under Article 53-2 of the Act shall submit a business performance report and statement of accounts of fund management to the Minister of Food and Drug Safety or a Mayor/Do Governor every year no later than January 31 of the following year. |
| (6) | Except as provided in paragraphs (1) through (5), details necessary for the criteria, procedures, methods, etc. for selecting participants in collection and destruction projects shall be determined and publicly notified by the Minister of Food and Drug Safety. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 22-3 (Assistance for Participants in Projects to Collect and Destroy Narcotics for Medical Use) |
The Minister of Food and Drug Safety may assist participants in collection and destruction projects with the following expenses under Article 53-2 (2) of the Act: | 1. | Expenses incurred in operation, management, etc. of personnel dedicated to collection and destruction projects; |
| 2. | Expenses incurred in establishment, operation, etc. of facilities or equipment necessary for collection and destruction projects; |
| 3. | Expenses incurred in transportation, destruction, etc. of narcotics; |
| 4. | Other expenses equivalent to those referred to in subparagraphs 1 through 3, which are deemed necessary by the Minister of Food and Drug Safety to efficiently perform collection and destruction projects. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 23 (Report and Accusation) |
| (1) | Reports on or accusations against crimes involving narcotics under Article 54 of the Act (hereafter in this Article, referred to as "report or accusation") may be made under an anonymous or fictitious name. |
| (2) | In case a report or accusation was received orally, the public official who has received it shall prepare a written record of the report or accusation. |
| (3) | The public official who deals with the affairs of reports or accusations shall not reveal matters related to their informers or accusers. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 24 (Application for Payment of Compensation) |
| (1) | Any person who intends to receive the rewards under Article 54 of the Act shall, as prescribed by Ordinance of the Ministry of Justice, submit an application for the payment of rewards to the Minister of Justice through the chief public prosecutor of the competent district prosecutors’ office (including the head of the district prosecutors’ branch office; hereafter in this Article, the same shall apply). |
| (3) | The chief prosecutor of the district prosecutors’ office who receives an application under paragraph (1) shall submit it to the Minister of Justice accompanied by the documents determined by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 25 (Payment of Compensation) |
| (1) | The rewards under Article 54 of the Act shall be paid where the public prosecutor brings in an indictment, or stay of prosecution, against the criminal: Provided, That in case only narcotics are confiscated without the arrest of the criminal in question, rewards may be paid as prescribed by Ordinance of the Ministry of Justice. |
| (2) | The payment of rewards under Article 54 of the Act shall be the amount paid within budgetary limits and not in excess of the sum total of the amount of additional charge and the domestic wholesale prices of confiscated goods or the estimated amount of additional charges and the domestic wholesale prices of seized goods as prescribed by Ordinance of the Ministry of Justice: Provided, That in cases the person receiving such payment of rewards is a public official performing the investigative duties dealing with the crimes of narcotics, the amount to pay him shall not exceed the 25/100 of the sum total of the amount of fine, that of additional collection, and domestic wholesale prices of confiscated or seized goods. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 26 (Reward Payment Report and Reward Ledger) |
Where the Minister of Justice pays the rewards under Article 54 of the Act, he/she shall keep and maintain a reward payment report and a reward ledger as prescribed by Ordinance of the Ministry of Justice. [This Article Wholly Amended on Jun. 7, 2012]
| Article 27 (Concurrent Permission) |
Where the same person has concurrently obtained two or more types of permission for handling narcotics under Article 6 (1) of the Act or permission for importing, exporting or manufacturing precursors under Article 6-2 (1) of the Act, he/she shall be regarded as a separate person handling narcotics or an exporter, importer, etc. of precursors by permission, in applying provisions governing such person handling narcotics, or such exporter, importer, etc. of precursors (hereinafter referred to as "exporter, importer, etc. of precursors") under the former part of Article 7 (1) of the Act. <Amended on Mar. 12, 2019> [This Article Wholly Amended on Jun. 7, 2012]
| Article 28 (Delegation of Authority) |
| (1) | In accordance with Article 56 of the Act, the Minister of Food and Drug Safety shall delegate authority on the hazard assessment of temporary narcotics under Article 52-2 of the Act to the Director General of the National Institute of Food and Drug Safety Evaluation pursuant to Article 56 of the Act. <Newly Inserted on Mar. 12, 2019> |
| (2) | The Minister of Food and Drug Safety shall delegate the following authority to the heads of Regional Offices of Food and Drug Safety pursuant to Article 56 of the Act: <Amended on Mar. 23, 2013; Nov. 1, 2016; Mar. 12, 2019> |
| 1-3. | Entry of particulars of academic researchers handling narcotics or exporters, importers, etc. of precursors, in the register, and issuance and reissuance of certificates of permission or designation letters under Article 7 (1) and (2) of the Act; |
| 2. | Acceptance of reports on closure, etc. of business of handling narcotics or precursors from academic researchers handling narcotics or exporters, importers, etc. of precursors under Article 8 of the Act; |
| 4. | Dealing with the narcotics involved in accident and receipt of report thereon under Article 12 of the Act; |
| 5. | Approval for disposal of narcotics possessed by an academic researcher handling narcotics disqualified under Article 13 (1) of the Act; |
| 6. | Approval for giving or receiving unsealed narcotic drugs and psychotropic substances by academic researchers handling narcotics under the proviso to Article 16 (2) of the Act; |
| 7. | Acceptance of report on the use of cannabis for the purpose of academic research and on the cultivation of cannabis plants from academic researchers handling narcotics under Article 35 (2) of the Act; |
| 8. | Deleted; <Sep. 22, 2020> |
| 11. | Revocation of permission for academic researchers handling narcotics or exporters, importers, etc. of precursors, issuance of an order to fully or partially suspend such duties or the use of narcotics under Article 44 (1) of the Act, and imposition and collection of penalty surcharges on academic researchers handling narcotics or exporters, importers, etc. of precursors under Article 46 of the Act; |
| 14. | Education for exporters and importers of narcotics, manufacturers of narcotics, users of narcotics as raw materials, academic researchers handling narcotics and exporters, importers, etc. of precursors under Article 50 of the Act, and issuance of education completion certificates; |
| 15. | Imposition and collection of administrative fines on academic researchers handling narcotics or exporters, importers, etc. of precursors under Article 69 of the Act. |
| (3) | The Minister of Food and Drug Safety shall delegate authority on approval to a Mayor/Do Governor pursuant to Article 56 of the Act, where a retailer of narcotics or a health care provider handling narcotics intends to return narcotic drugs or psychotropic substances to a wholesaler of narcotics as he/she falls under Article 9 (2) 3 of the Act. <Amended on Mar. 23, 2013; Mar. 12, 2019> |
| (4) | Where a Mayor/Do Governor grants approval under paragraph (3), he/she shall notify the Minister of Food and Drug Safety of the result thereof. <Amended on Mar. 23, 2013; Mar. 12, 2019> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 28-2 (Management of Sensitive Information and Personally Identifiable Information) |
Where it is inevitable for performing the following affairs, the Minister of Health and Welfare, the Minister of Food and Drug Safety (including a person to whom the Minister of Food and Drug Safety entrusts his/her affairs or delegates his/her authority pursuant to Article 8 (1) or 28), a Mayor/Do Governor, or the head of a Si/Gun/Gu (where the relevant authority has been delegated or entrusted, including a person to whom such authority is delegated or entrusted), or a medical treatment and protection facility under Article 40 (1) of the Act (limited to the affairs set forth in subparagraphs 9 and 10) may process information on health under Article 23 of the Personal Information Protection Act, information constituting criminal history data under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the same Enforcement Decree: <Amended on Mar. 23, 2013; Mar. 12, 2019; Dec. 10, 2019> | 1. | Affairs concerning approval for trading cannabis under the proviso of subparagraph 7 of Article 3 of the Act and Article 3 (3) 4 of this Decree; |
| 1-2. | Affairs concerning prohibition of handling narcotics by a person other than a person handling narcotics under Article 4 of the Act; |
| 3. | Affairs concerning permission, etc. for exporting and importing or manufacturing precursors under Article 6-2 of the Act; |
| 4. | Affairs concerning issuance and registration of certificates of permission, etc. under Article 7 of the Act; |
| 8. | Affairs concerning disposal of narcotics possessed by disqualified persons under Article 13 of the Act; |
| 9. | Affairs concerning permission for using narcotic drugs by narcotic addicts under the proviso, with the exception of the subparagraphs, of Article 39 of the Act; |
| 20-2. | Affairs concerning selection and management of participants in collection and destruction projects under Article 53-2 of the Act; |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 28-2 Deleted. <Mar. 3, 2020> |
| Article 29 (Imposition and Collection of Administrative Fines) |
[This Article Wholly Amended on Jun. 7, 2012]
ADDENDA <Presidential Decree No. 16884, Jul. 1, 2000>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2000. |
| (3) | (Transitional Measures concerning Appointment of Supervisor of Narcotics) The supervisor of narcotic drugs, that of psychotropic substances, or that of cannabis who has been appointed under the previous provisions at the time this Decree enters into force shall be deemed appointed as a supervisor of narcotics under Article 17. |
ADDENDA <Presidential Decree No. 17110, Jan. 27, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 17431, Dec. 19, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18078, Jul. 30, 2003>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 6 shall enter into force on October 1, 2003.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19135, Nov. 16, 2005>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 24 of attached Table 4 shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 19744, Dec. 4, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21029, Sep. 23, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Transitional Measures concerning Benzylpiperazine and Gamma Butyrolactone)
| (1) | A person who has been already handling benzylpiperazine before this Decree enters into force shall obtain permission or designation as a person handling narcotics pursuant to Article 6 of the Act within one month after this Decree enters into force. |
| (2) | A person who has already reported the export and import of gamma butyrolactone before this Decree enters into force need not obtain approval for the export and import of precursors pursuant to Article 51 (1) of the Act, from the Minister of Food and Drug Safety. |
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21605, Jul. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | A person who has been already handling substances (21 types, including 5-MeO-MiPT) added as psychotropic substances under the amended provisions of attached Tables 3 and 4 at the time this Decree enters into force shall obtain permission or designation as a person handling narcotics pursuant to Article 6 of the Act within one month after this Decree enters into force. |
| (2) | A person who has already reported the export and import of 1,4-Butanediol before this Decree enters into force may choose not to obtain approval for the export and import of precursors pursuant to Article 51 (1) of the Act, from the Minister of Food and Drug Safety. |
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22656, Feb. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning New Designation of Narcotics)
| (1) | A person who has been already handling substances (nine types, including Tapentadol) added as narcotic drugs or psychotropic substances under the amended provisions of attached Tables 2 through 4 and 6 at the time this Decree enters into force shall obtain permission or designation as a person handling narcotics pursuant to Article 6 of the Act within one month after this Decree enters into force. |
| (2) | A person who has already reported the export and import of substance (six types such as Dihydrolysergic acid methyl ester) added as precursor under the amended provisions of attached Table 8 (Category 1) before this Decree enters into force shall be deemed obtained approval for the export and import of precursor pursuant to Article 51 (1) of the Act, from the Minister of Food and Drug Safety. |
Article 3 (Transitional Measures concerning Modification of Standards for Imposing Administrative Fines)
The application of the criteria for imposition of administrative fines for violations committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 23095, Aug. 25, 2011>
This Decree shall enter into force on September 8, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23845, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jun 8, 2012.
Article 2 (Transitional Measures concerning New Designation, etc. of Narcotics)
A person who has been already handling substances (nine types, including Methylenedioxypyrovalerone) added as psychotropic substances under the amended provisions of attached Table 3 at the time this Decree enters into force shall obtain permission or designation as a person handling narcotics pursuant to Article 6 of the Act within one month after this Decree enters into force. Article 3 (Transitional Measures concerning Modification of Standards for Imposing Administrative Fines)
The application of the criteria for imposition of administrative fines for the violations committed before this Decree enters into force shall be governed by the previous provisions.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25582, Aug. 27, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 42 and 43 of attached Table 4 shall enter into force six months after its promulgation. Article 2 (Preparation, etc. for Applying for Permission, etc.)
| (1) | The Minister of Food and Drug Safety may proceed the procedures for granting approval for handling narcotics pursuant to Article 4 of the Act, permission or designation as a person authorized to handle narcotics pursuant to Article 6 of the Act, license to manufacture, import, or export narcotics pursuant to Article 18 or 21 of the Act, for Tiletamine or Zolazepam classified as psychotropic substances pursuant to the amended provisions of Articles 42 and 43 of attached Table 4 before the enforcement date provided for in the proviso to Article 1 of this Addenda, if deemed necessary for the enforcement of this Decree. |
| (2) | Where the procedures for granting approval, permission, or designation pursuant to paragraph (1) is completed before the enforcement date provided for in the proviso to Article 1 of this Addenda, the enforcement date provided for in the proviso to Article 1 of this Addenda shall deem the date of approval, permission, or designation. |
Article 3 (Transitional Measures concerning License to Manufacture, Import, or Export Narcotics)
| (1) | Before the enforcement date provided for in the proviso to Article 1 of this Addenda, a person who has obtained permission for manufacturing or importing an pursuant to Article 85 of the Pharmaceutical Affairs Act for animal drugs that contain Tiletamine or Zolazepam classified as psychotropic substances pursuant to the amended provisions of Articles 42 and 43 of attached Table 4 shall be deemed to have obtained a license to manufacture, import, or export narcotics, pursuant to Articles 18 and 21 of the Act. |
| (2) | Among those who fall under paragraph (1), when a person who fails to obtain permission or designation as a person authorized to handle narcotics pursuant to Article 6 of the Act intends to handle Tiletamine or Zolazepam classified as psychotropic substances pursuant to the amended provisions of Articles 42 and 43 of attached Table 4, he/she shall obtain permission or designation as a person authorized to handle narcotics pursuant to Article 6 of the Act. |
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of the Addenda, the provisions amending the Presidential Decrees the enforcement dates of which have not yet arrived shall enter into force on the dates on which the relevant Presidential Decrees enter into force, respectively. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25888, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning New Designation, etc. of Narcotics)
As at the time this Decree enters into force, a person who has been handling a substance added as narcotic drugs or psychotropic substances under the amended provisions of attached Tables 1 through 4 and 6 shall obtain approval for handling narcotics pursuant to Articles 3 and 4 of the Act or obtain permission or designation as a person authorized to handle narcotics pursuant to Article 6 of the Act within one month after this Decree enters into force.
ADDENDA <Presidential Decree No. 26427, Jul. 20, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26980, Feb. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27573, Nov. 1, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 4, 2016: Provided, That the following provisions shall enter into force as classified in the following subparagraphs:
| 1. | Amended provisions of Article 8, the main sentence of subparagraph 1 of Article 12-2, Article 16, and attached Tables 1 through 6: Promulgation date of this Decree; |
Article 2 (Applicability to Dispositions on Defaulters of Penalty Surcharges)
The amended provisions of Article 16-2 shall also apply to a person who was subjected to the imposition of a penalty surcharge, but for whom its payment deadline has not arrived yet. Article 3 (Transitional Measures concerning Standards for Calculating Penalty Surcharges)
Notwithstanding the amended provisions of subparagraph 1 (a) of attached Table 9, the former provisions thereof shall govern when applying criteria for calculating a penalty surcharge to a violation committed before this Decree enters into force.
Article 4 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
Notwithstanding the amended provisions of attached Table 10, the former provisions thereof shall govern when applying standards for imposing a penalty surcharge to a violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 8 of the Addenda, the provisions amending the Presidential Decrees the enforcement dates of which have not yet arrived shall enter into force on the dates on which the relevant Presidential Decrees enter into force, respectively. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28395, Oct. 17, 2017>
This Decree shall enter into force on October 19, 2017: Provided, That the amended provisions of Article 9 shall enter into force on the enforcement date under the main sentence of these Addenda to Article 1 of the Narcotics Control Act (Act No. 13331).
ADDENDUM <Presidential Decree No. 28589, Jan. 16, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29157, Sep. 11, 2018>
This Decree shall enter into force on September 14, 2018.
ADDENDUM <Presidential Decree No. 29620, Mar. 12, 2019>
This Decree shall enter into force on March 12, 2019.
ADDENDUM <Presidential Decree No. 30244, Dec. 10, 2019>
This Decree shall enter into force on December 12, 2019: Provided, That the amended provisions of subparagraphs 1 and 1-2 of Article 28-2, and attached Tables 2, 3, and 8 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30545, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 30755, Jun. 2, 2020>
This Decree shall enter into force on June 4, 2020.
ADDENDUM <Presidential Decree No. 31048, Sep. 22, 2020>
This Decree shall enter into force on October 1, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31381, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation.