2-column view
NARCOTICS CONTROL ACT
| NARCOTICS CONTROL ACT | No.21691 | 20270527 |
| NARCOTICS CONTROL ACT | No.21236 | 20251223 |
| NARCOTICS CONTROL ACT | No.21065 | 20260102 |
| NARCOTICS CONTROL ACT | No.20878 | 20250702 |
| NARCOTICS CONTROL ACT | No.20814 | 20250619 |
| NARCOTICS CONTROL ACT | No.20512 | 20241022 |
| NARCOTICS CONTROL ACT | No.20507 | 20250207 |
| NARCOTICS CONTROL ACT | No.20214 | 20240206 |
| NARCOTICS CONTROL ACT | No.19648 | 20240101 |
| NARCOTICS CONTROL ACT | No.19604 | 20240209 |
| NARCOTICS CONTROL ACT | No.19450 | 20230914 |
| NARCOTICS CONTROL ACT | No.19322 | 20230929 |
| NARCOTICS CONTROL ACT | No.18964 | 20221211 |
| NARCOTICS CONTROL ACT | No.18443 | 20210817 |
| NARCOTICS CONTROL ACT | No.17190 | 20201001 |
| NARCOTICS CONTROL ACT | No.17091 | 20200324 |
| NARCOTICS CONTROL ACT | No.16714 | 20191203 |
| NARCOTICS CONTROL ACT | No.15939 | 20181211 |
| NARCOTICS CONTROL ACT | No.15481 | 20180914 |
| NARCOTICS CONTROL ACT | No.14834 | 20171019 |
| NARCOTICS CONTROL ACT | No.14353 | 20161202 |
| NARCOTICS CONTROL ACT | No.14019 | 20160203 |
| NARCOTICS CONTROL ACT | No.13383 | 20151223 |
| NARCOTICS CONTROL ACT | No.13331 | 20150518 |
| NARCOTICS CONTROL ACT | No.11862 | 20150101 |
| NARCOTICS CONTROL ACT | No.11461 | 20120902 |
| NARCOTICS CONTROL ACT | No.10786 | 20130313 |
| NARCOTICS CONTROL ACT | No.9932 | 20100319 |
| NARCOTICS CONTROL ACT | No.9717 | 20091128 |
| NARCOTICS CONTROL ACT | No.9024 | 20080929 |
| NARCOTICS CONTROL ACT | No.8852 | 20080229 |
| NARCOTICS CONTROL ACT | No.7098 | 20040721 |
| NARCOTICS CONTROL ACT | No.6824 | 20030627 |
| NARCOTICS CONTROL ACT | No.6146 | 20000701 |
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, marijuana, or other basic substances for such narcotics under appropriate control and handling, thus preventing the harm and danger to the public health that may arise from the misuse or abuse thereof.
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 2 (Definitions) |
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14019, Feb. 3, 2016>
| 1. | The term "narcotics" means narcotic drugs, psychotropic substances and marijuana; |
| 2. | The term "narcotic drugs" means a substance falling under any of the following: |
| (a) | Poppy: The plant of the species Papaver Somniferum L. or Papaver Setigerum DC. of Papaveraceae; |
| (b) | Opium: The coagulated sap extracted from poppy and its processed substance: |
| (c) | Coca leaves: The leaves of coca shrub (referring to all plants of the species Erythroxylon): |
| (d) | All alkaloids extracted from poppy, opium, or coca leaves, and chemical compounds similar to such, which shall be determined by Presidential Decree; |
| (e) | Chemical compounds, other than those specified in items (a) through (d), which are feared to be abused or to cause harmful effects, and which shall be determined by Presidential Decree; |
| (f) | A mixture or concoction that contains substances as listed in items (a) through (e): |
| 3. | The term "psychotropic drug" means a drug that may affect the human central nervous system, thus deemed, if misused or abused, to cause serious harm and 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 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 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 as listed in items (a) through (d): |
| 4. | The term "marijuana" means the hemp plant (Cannabis Sativa L.), the resin extracted therefrom, and all the products manufactured using the hemp plant or its resin as their raw materials: |
| 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 manufacture of 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 hemp plant: Referring to a person who cultivates the hemp 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, and 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 the preparation, giving or receiving, and control 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 hemp plants, or imports and uses marijuana 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 written 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 give 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 the animals under the Veterinarians Act; |
| 6. | The term "basic substances for narcotics" 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 basic substances for narcotics" means a person who is engaged in the manufacture, export and import, or trade of basic substances for narcotics or otherwise who uses such basic substance; |
| 8. | The term "narcotics for military use" means the narcotics that are managed by the Ministry of Defense, 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 returning a narcotic addict to a healthy member of society by having the addict overcome his/her psychological and physical dependence on narcotics and preventing from a relapse. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 2 (Definitions) |
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14019, Feb. 3, 2016>
| 1. | The term "narcotics" means narcotic drugs, psychotropic substances and marijuana; |
| 2. | The term "narcotic drugs" means a substance falling under any of the following: |
| (a) | Poppy: The plant of the species Papaver Somniferum L. or Papaver Setigerum DC. of Papaveraceae; |
| (b) | Opium: The coagulated sap extracted from poppy and its processed substance: |
| (c) | Coca leaves: The leaves of coca shrub (referring to all plants of the species Erythroxylon): |
| (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): |
| 3. | The term "psychotropic drug" means a drug that may affect the human central nervous system, thus deemed, if misused or abused, to cause serious harm and 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 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 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): |
| 4. | The term "marijuana" means a substance falling under any of the following: |
| (a) | The hemp plant and the resin extracted therefrom; |
| (b) | All the products manufactured using the hemp plant or its resin as their raw materials; |
| (c) | Chemical compounds, similar to those specified in item (a) or item (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 hemp plant: Referring to a person who cultivates the hemp 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 the preparation, giving or receiving, and control 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 hemp plants, or imports and uses marijuana 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 "basic substances for narcotics" 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 basic substances for narcotics" means a person who is engaged in the manufacture, export and import, or trade of basic substances for narcotics or otherwise uses such basic substance; |
| 8. | The term "narcotics for military use" means the narcotics that are managed by the Ministry of Defense, 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 by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Nov. 4, 2016>>
| Article 2-2 (Responsibilities of the State, etc.) |
| (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 the subject to treatment, and shall cooperate in helping such addict to become a healthy member of society. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 3 (General Prohibition of Acts) |
No person shall engage in any act falling under any of the following: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14019, Feb. 3, 2016>
| 1. | Use of narcotics that is not allowed under this Act; |
| 2. | Cultivation of plants that are used as raw material for narcotic drugs, or carrying, possession, management, export, import, giving or receiving of, trade or assistance in the trade of any raw materials, seeds or seedlings that contain narcotic ingredients of such plants, or extracting narcotic ingredients therefrom: |
| 3. | Any act of carrying, possessing, managing, importing, manufacturing, trading, assisting in trade of, giving or receiving, transporting, using, administering or providing for administration, the heroin, its salts or other substances containing such salts: |
| 4. | Any act of manufacturing, exporting, importing, trading, assisting in trade of, giving or receiving, carrying, possessing, or using, basic substances for narcotics in an attempt to manufacture narcotic drugs or psychotropic substances: |
| 5. | Any act of carrying, possessing, using, managing, exporting, importing, manufacturing, trading, assisting in trade of, or giving or receiving, psychotropic drugs referred to in subparagraph 3 (a) of Article 2 or psychotropic drug containing such: |
| 6. | Any act of extracting psychotropic ingredients from plants or mushrooms that are used as raw materials for psychotropic substances referred to in subparagraph 3 (a) of Article 2, acts of exporting, importing, trading, assisting in trade of, giving or receiving, or smoking or taking in such plants or mushrooms, or possessing or owning these plants or mushrooms for the purpose of smoking or intake: |
| 7. | Any act of exporting or importing marijuana: |
| 8. | Any act of manufacturing marijuana (excluding the hemp plant): |
| 9. | Any act of trading, or assisting in the trade of, marijuana; |
| 10. | Any of the following acts: |
| (a) | An act of smoking or taking in marijuana or marijuana seed coats; |
| (b) | An act of carrying marijuana, its seeds, or its seed coats for the purpose of any act set forth in item (a); |
| (c) | An act of trading marijuana seeds or marijuana 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. | Any act of providing other person with places, facilities, equipment, funds, or means of transportation for any act prohibited under Article 4 (1) or subparagraphs 1 through 10 of the same Article. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 3 (General Prohibition of Acts) |
No person shall engage in any act falling under any of the following: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14019, Feb. 3, 2016>
| 1. | Use of narcotics that is not allowed under this Act; |
| 2. | Cultivation of plants that are used as raw material for narcotic drugs, or carrying, possession, management, export, import, giving or receiving of, trade, or assistance in the trade of any raw materials, seeds or seedlings that contain narcotic ingredients of such plants, or extracting narcotic ingredients therefrom: |
| 3. | Any act of carrying, possessing, managing, importing, manufacturing, trading, assisting in trade of, giving or receiving, transporting, using, administering or providing for administration, the heroin, its salts or other substances containing such salts: |
| 4. | Any act of manufacturing, exporting, importing, trading, assisting in trade of, giving or receiving, carrying, possessing, or using, basic substances for narcotics in an attempt to manufacture narcotic drugs or psychotropic substances: |
| 5. | Any act of carrying, possessing, using, managing, exporting, importing, manufacturing, trading, assisting in trade of, or giving or receiving, psychotropic drugs referred to in subparagraph 3 (a) of Article 2 or psychotropic drugs containing such: |
| 6. | Any act of extracting psychotropic ingredients from plants or mushrooms that are used as raw materials for psychotropic substances referred to in subparagraph 3 (a) of Article 2, acts of exporting, importing, trading, assisting in trade of, giving or receiving, or smoking or taking in such plants or mushrooms, or possessing or owning these plants or mushrooms for the purpose of smoking or intake: |
| 7. | Any act of exporting, importing, manufacturing, trading, or arranging the trade of marijuana: |
| 8. | and 9. Deleted; <Act No. 14019, Feb. 3, 2016> |
| 10. | Any of the following acts: |
| (a) | An act of smoking or taking in marijuana or marijuana seed coats; |
| (b) | An act of carrying marijuana, its seeds, or its seed coats for the purpose of any act set forth in item (a); |
| (c) | An act of trading marijuana seeds or marijuana 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. | Any act of providing other person with places, facilities, equipment, funds, or means of transportation for any act prohibited under Article 4 (1) or subparagraphs 1 through 10 of the same Article. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Nov. 4, 2016>>
| Article 4 (Prohibition of Handling Narcotics by any Person other than Persons Handling Narcotics) |
| (1) | No person other than a person handling narcotics shall engage in any of the following acts: |
| 1. | An act of 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. | An act of cultivating, possessing, owning, giving or receiving, transporting, storing, or using marijuana; |
| 3. | An act of issuing prescriptions for narcotic drugs or psychotropic substances; |
| 4. | An act of manufacturing ultra-narcotic drugs. |
| (2) | Notwithstanding Paragraph (1), a person who is not a person handling narcotics may handle narcotics in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013> |
| 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, holds, or controls narcotics on behalf of a person handling narcotics under this Act; |
| 4. | Where a public official has narcotics under his/her controls that are seized, collected, or confiscated in the process of performing public duties; |
| 5. | Where a person who is disqualified from handling narcotics possesses narcotics before they are transferred to a person handling narcotics under Article 13; |
| 6. | Other cases where approval has been obtained from the Minister of Food and Drug Safety as determined by Ordinance of the Prime Minister. |
| (3) | A person handling narcotics shall not handle the narcotics without being subject to this Act: |
| (4) | A person who intends to transport, store, or possess marijuana under paragraph (2) 3 shall report it to the Metropolitan Autonomous City Mayor, a mayor (including an administrative mayor under the Special Act on the Establishment of |
| (5) | Matters necessary for the procedure for reporting, and method of transportation, storage, or possession shall be prescribed by Ordinance of the Prime Minister. <Added by Act No. 14019, Feb. 3, 2016> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 5 (Restrictions on Handling Narcotics) |
| (1) | A person handling narcotics shall not engage in any act stipulated in each subparagraph of Article 4 (1) for purposes other than his/her business or service. |
| (2) | No person who possesses, owns, transports or controls narcotics under this Act shall use them for any other purposes. |
| (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 narcotic drugs or psychotropic substances or may take other necessary measures, if deemed necessary for the public interest: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where it is deemed unnecessary to manufacture, export, or import narcotic drugs or psychotropic substances, taking into account their domestic demand and holdings; |
| 2. | Where it is 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 domestic conditions of supply and demand, etc.; |
| 3. | Where it is deemed that narcotic drugs or psychotropic substances have been abused in excess of the quantity stated in the item permission for narcotics; |
| 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 by Act No. 10786, Jun. 7, 2011]
| Article 5-2 (Designation, etc. of Temporary Narcotics.) |
| (1) | The Minister of Food and Drug Safety may designate, from among substances, drugs, drug compounds, products, etc. that are not narcotics (hereafter referred to as "substance, etc." in this Article), the substance, etc. deemed necessary to be urgently handled or controlled as if they were narcotics because they are likely to harm the public health by misuse or abuse, as temporary narcotics: |
| 1. | A pharmaceutical product for which permission by item has been obtained from, or a report by 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 for which approval has been obtained from the Minister of Food and Drug Safety under Article 34 (1) of the Pharmaceutical Affairs Act. |
| (2) | 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, he/she shall publicly announce matters set forth in subparagraphs 1 through 3 and 5 in the Official Gazette and on the website: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12495, Mar. 18, 2014> |
| 1. | Reasons for designating temporary narcotics; |
| 2. | Names of temporary narcotics; |
| 3. | Classification of temporary narcotic drugs, temporary psychotropic substances or temporary marijuana; |
| 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. |
| (3) | The temporary narcotics preannounced prior to designation in accordance with paragraph (2) (hereinafter referred to as "preannounced temporary narcotics") shall be effective from the day the temporary narcotics are preannounced until the day before the day 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: |
| (4) | No person shall cultivate, possess, own, use, transport, manage, import, export, manufacture, compound, administer, trade, mediate the trade of, give or receive, store or provide, preannounced temporary narcotics or temporary narcotics, or issue a prescription stating them: |
| 1. | Where, for performing public duties, preannounced temporary narcotics or temporary narcotics are under management after they have been seized, collected, or confiscated; |
| 2. | Where it is inevitably necessary for a public official to handle preannounced temporary narcotics or temporary narcotics for performing public duties and approval has been obtained from the Minister of Food and Drug Safety. |
| (5) | Article 47 shall apply |
[This Article Added by Act No. 10786, Jun. 7, 2011]
| Article 5-2 (Designation, etc. of Temporary Narcotics.) |
| (1) | The Minister of Food and Drug Safety may, from among substances, drugs, drug compounds, products, etc. that are not narcotics (hereafter referred to as "substance, etc." in this Article), designate substance, etc. deemed necessary to be urgently handled or controlled in a manner equivalent to the handling and control of narcotics because they are likely to harm the public health by misuse or abuse, as temporary narcotics: |
| 1. | A pharmaceutical product for which permission by item has been obtained from, or a report by 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 for which approval has been obtained from the Minister of Food and Drug Safety under Article 34 (1) of the Pharmaceutical Affairs Act. |
| (2) | 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, he/she shall publicly announce matters set forth in subparagraphs 1 through 3 and 5 in the Official Gazette and on the website: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12495, Mar. 18, 2014> |
| 1. | Reasons for designating temporary narcotics; |
| 2. | Names of temporary narcotics; |
| 3. | Classification of temporary narcotic drugs, temporary psychotropic substances, or temporary marijuana; |
| 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. |
| (3) | The temporary narcotics preannounced prior to designation in accordance with paragraph (2) (hereinafter referred to as "preannounced temporary narcotics") shall be effective from the day the temporary narcotics are preannounced until the day before the day 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: |
| (4) | No person shall cultivate, possess, own, use, transport, manage, import, export, manufacture, compound, administer, trade, mediate the trade of, give or receive, store or provide, preannounced temporary narcotics or temporary narcotics, or issue a prescription for them: |
| 1. | Where preannounced temporary narcotics or temporary narcotics are managed for performing public duties after being seized, collected, or confiscated; |
| 2. | Where a public official handling narcotics for performing 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. |
| (5) | Article 47 shall apply |
[This Article Added by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Nov. 4, 2016>>
CHAPTER II PERMISSION, ETC.
| Article 6 (Permission, etc. for Person Handling Narcotics) |
| (1) | Any person who intends to become a person handling narcotics and meets any of the following qualifications shall obtain permission from the Minister of Food and Drug Safety if he/she falls under subparagraphs 1, 2 and 4, and from a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a |
| 1. | An exporter and importer of narcotics: A person who has obtained an item permission for a pharmaceutical product from, or filed a report on an item for a pharmaceutical product with, the Minister of Food and Drug Safety, as an importer under the Pharmaceutical Affairs Act; |
| 2. | A manufacturer of narcotics or a user of raw materials of narcotics: A person who has obtained permission for manufacture of pharmaceuticals 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 pharmaceuticals 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 marijuana cultivator: A farmer referred to in the subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry who intends to cultivate the hemp 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 from a Mayor/ |
| (3) | No one among the following persons shall be granted the permission for working as an exporter and importer of narcotics, an academic researcher handling narcotics or a marijuana cultivator: <Amended by Act No. 12495, Mar. 18, 2014> |
| 1. | A person under adult guardianship, a person under limited guardianship, or a minor; |
| 2. | A mental patient or an addict to narcotics; |
| 3. | A person in whose case three years have not passed since his/her imprisonment without labor or greater punishment declared by a court 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 be granted the permission or designation under paragraph (1) or (2). |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 6-2 (Permission for Exporters, Importers, etc. of Basic Substances for Narcotics) |
| (1) | A person who intends to engage in the business of exporting, importing, or manufacturing basic substances for narcotics determined by Presidential Decree (hereinafter referred to as "exporter, importer, etc. of basic substances for narcotics") 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 intended modification to any permitted matter. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person who falls under any subparagraph of Article 6 (3) shall not obtain permission for working as an exporter, importer, etc. of basic substances for narcotics. |
| (3) | Article 6 (4) shall apply |
[This Article Added by Act No. 10786, Jun. 7, 2011]
| Article 7 (Issuance of Certificate of Permission, etc. and Entry in Register) |
| (1) | The Minister of Food and Drug Safety, a Mayor/ |
| (2) | Any person who has obtained the permission or designation under Article 6 (1) and (2) or 6-2 (1) shall, if his/her certificate of permission or written designation is lost or damaged beyond use, have it reissued as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 8 (Prohibition of Transfer of Certificates of Permission, etc. and Reports, etc. on Business Closure, etc.) |
| (1) | A person handling narcotics shall not lend or transfer his/her certificate of permission or written designation. |
| (2) | Where a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics closes or suspends his/her business concerning handling of narcotics or export, import, or manufacture of basic substances for narcotics, or reopens the suspended business (hereinafter referred to as "business closure, etc."), the person shall report it to the relevant authorities granting permission, as prescribed by Ordinance of the Prime Minister: |
| 1. | Where a medical practitioner handling narcotics who has established a medical institution reports the business closure, etc. of such medial institution under Article 40 of the Medical Service Act; |
| 2. | Where a retailer of narcotics reports the business closure, etc. of a drug store under Article 22 of the Pharmaceutical Affairs Act. |
| (3) | Where a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics falls under any of the following, a person falling under the classification under each subparagraph shall report it to the relevant authorities granting permission, as prescribed by Ordinance of the Prime Minister: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12495, Mar. 18, 2014> |
| 1. | Where he/she dies: His/Her heir (where his/her heir is not obvious, referring to the manager of the inherited property); |
| 2. | Where he/she becomes an incompetent under the adult guardianship or a quasi-incompetent under the limited guardianship: The guardian; |
| 3. | Where a corporation is dissolved: The liquidator; |
| 4. | Where academic research is completed: The academic researcher handling narcotics. |
| (4) | In cases of violation of paragraph (1) or where there exists any reason referred to in paragraph (2) or (3), the relevant permission or designation shall lose its validity. |
| (5) | Where the permission for or designation of a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics has lost validity under paragraph (4) or if the authorities granting permission has taken measures revoking permission or designation or suspending business of a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics under Article 44, the authorities granting permission shall record the matters on the register of the persons handling narcotics, or the exporters, importers, etc. of basic substances for narcotics as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
CHAPTER III CONTROL OF NARCOTICS
| Article 9 (Restrictions on Giving or Receiving, etc.) |
| (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 under Subparagraph 2 through 7 of Article 3, or Article 4 (2) 6; hereinafter the same shall apply) shall not take over narcotics from any person, other than a person handling narcotics or 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 transfer narcotics, in any cases other than those provided in this Act: |
| 1. | Where he/she intends to transfer narcotic drugs and psychotropic substances that he/she possesses, owns or manages, to other persons handling narcotics due to revocation of an item permission; |
| 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 who has been approved under the proviso of Article 4 (3); |
| 3. | Where he/she intends to return narcotic drugs and psychotropic substances that he/she has owned or controlled to the original owner, etc., such as a person handling narcotics, a person who has been approved for handling narcotics, or an original owner in a foreign country, due to reasons such as 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 permission from the Minister of Food and Drug Safety as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 9 (Restrictions on Giving or Receiving, etc.) |
| (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 under Subparagraph 2 through 7 of Article 3, or Article 4 (2) 6; hereinafter the same shall apply) shall not take over narcotics from any person, other than a person handling narcotics or 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 transfer narcotics, in any cases other than those provided in this Act: |
| 1. | Where he/she intends to transfer narcotic drugs and psychotropic substances that he/she possesses, owns or manages, to other persons handling narcotics due to revocation of an item permission; |
| 2. | Where he/she intends to transfer narcotics to an academic researcher handling narcotics, or a person who has obtained approval for handling narcotics pursuant to Article 3 or Article 4 (2) 6 (hereinafter referred to as “a person who has obtained approval for handling narcotics); |
| 3. | Where he/she intends to return narcotic drugs and psychotropic substances that he/she has owned or controlled to the original owner, etc., such as a person handling narcotics, a person who has been approved for handling narcotics, or an original owner in a foreign country, due to reasons such as 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 permission from the Minister of Food and Drug Safety as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 10 (Narcotic Purchase and Sales Forms) |
| (1) | Where a person handling narcotics intends to purchase or sell, or to give or receive, narcotic drugs with other person handling narcotics, both of them shall write the required items on such forms of narcotic purchase and of narcotic sales as issued by a Mayor/ |
| (2) | The form of narcotic purchase and that of narcotic sales under paragraph (1) shall be preserved for two years from the date of their exchange. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 10 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| Article 11 (Maintenance of Records) |
| (1) | A person handling narcotics or any other person who has obtained approval for handling narcotics (excluding cases in which a person has obtained approval for the purpose of departing or entering Korea while carrying narcotic drugs for self-treatment) shall keep a record book stating narcotic drugs under his/her control and shall, whenever narcotic drugs are imported, manufactured, compounded, taken over, transferred, administered, provided for administration, or used for academic research, keep records of the names, quantities, and dates of use of such narcotic drugs, the address and name of the counter party concerned, and, if the counter party is also a person handling narcotics, his/her classification and certificate of permission or written designation number, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11984, Jul. 30, 2013; Act No. 14019, Feb. 3, 2016> |
| (2) | A person handling narcotics or a person approved to handle narcotics (excluding cases in which a person has obtained approval for the purpose of departing or entering Korea while carrying psychotropic substances for self-treatment) shall keep and retain a record book of sale, giving or receiving of psychotropic substances, and whenever he/she sells, gives or receives the psychotropic substances, he/she shall keep the records thereof and obtain the signature or seal of the purchaser or transferee, as prescribed by Ordinance of the Prime Minister: |
| (3) | In a medical institution staffed by a manager of narcotics, the manager of narcotics shall, notwithstanding paragraphs (1) and (2), keep records of the details of any narcotic drugs or psychotropic substances administered or provide for administration by a medical practitioner handling the narcotics in the same medical institution. |
| (4) | Books under paragraphs (1) through (3) shall be preserved for two years. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 11 (Report of Handling Narcotics) |
| (1) | A person handling narcotics or a person who has obtained approval for handling narcotics (excluding cases where a person who has obtained approval for departing or entering Korea while carrying narcotics drugs or psychotropic substances for the purpose of self-treatment) shall, whenever narcotics or psychotropic substances are exported and imported, manufactured, sold, taken over, transferred, purchased, used, discarded, compounded, administered, provided for administration, or used for academic research, report to the Minister of Food and Drug Safety matters regarding the names, quantities, dates of use, place of purchase, the total stock, serial number, name of the counter party concerned (if an animal is subject to the compounding or administration of narcotics or psychotropic substances, it means its owner), etc. In such cases, if a person handling narcotics or a person who has obtained approval for handling narcotics is the counter party handling narcotics, the scope of handling, permission and approval number, and permission and approval date of handling shall be reported together. |
| (2) | A medical practitioner handling narcotics and a retailer of narcotics shall report to the Minister of Food and Drug Safety the following matters, except as otherwise set forth in paragraph (1): |
| 1. | The resident registration number of patients for whom narcotics or psychotropic substances have been compounded, administered, or provided to be administered, and the disease classification code pursuant to the Korea standard classification of causes of death and disease prepared and notified under the former part of Article 22 (1) of the Statistics Act (where an animal is subject to the compounding or administration of narcotics or psychotropic substances, it refers to the kind of an animal, name of disease, and resident registration number of its owner; where a patient or owner is a foreigner, it refers to the passport number or foreign registration number): |
| 2. | The name of business, name and license number of a person who has administered or provided for administration of the narcotics or psychotropic substances, or has issued a prescription for such under Article 32 (2). |
| (3) | In cases of the medical institution having a manager of narcotics, narcotics or psychotropic substances which are administered or provided for administration by a medical practitioner handling narcotics or a manager of narcotics shall be reported to the Minister of Food and Drug Safety by the relevant manager of narcotics, notwithstanding paragraph (1) and (2). |
| (4) | When modification is intended on the matters to report under paragraphs (1) through (3), report for modification shall be made. |
| (5) | Matters necessary for the object, procedure, time, etc. of report pursuant to paragraphs (1) through (3), and the modification report, etc. pursuant to paragraph (4) shall be prescribed by Ordinance of the Prime Minister. |
[This Article Wholly Amended by Act No. 13331, May 18, 2015]
<<Enforcement Date: Not Determined>>
| Article 11-2 (Center for Narcotics Information Management) |
| (1) | The Minister of Food and Drug Safety shall designate a relevant specialized institution as the Center for Narcotics Information Management (hereinafter referred to as "Integrated Information Center") in order to receive a report under Article 11 or manage effectively the information, etc. notified under Article 13 (2) as prescribed by Presidential Decree, and may entrust duties of the following subparagraphs: |
| 1. | Collection, survey, use, and provision of the information reported about handling and management of narcotics or psychotropic substances; |
| 2. | Other matters prescribed by Ordinance of the Prime Minister on the integrated information management of narcotics. |
| (2) | The head of the Integrated Information Center may request the provision of data or information (including personal information referred to in subparagraph 1 of Article 2 of the Personal Information Protection Act) relating to the duties, if necessary to perform duties pursuant to paragraph (1), such as ascertaining the authenticity of the information reported, from the State, local governments, public institutions, a person handling narcotics, or a person who has obtained approval for handling narcotics. In such cases, a person who has received the request shall comply therewith, unless there exists any justifiable ground to the contrary; as for the data provided to the head of the Integrated Information Center, its usage charges, fees, etc. are exempted. |
| (3) | The Minister of Food and Drug Safety and the head of the Integrated Information Center shall thoroughly manage the information reported under Article 11 and the data and information provided under paragraph (2), and shall not use them for purposes other than their business purposes. |
| (4) | The Minister of Food and Drug Safety may have the head of the Integrated 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 Integrated Information Center. |
| (6) | Other matters necessary for the operation, etc. of the Integrated Information Center shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 13331, May 18, 2015]
| 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, immediately report the event to the relevant authorities granting permission (in the case 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 the case of a retailer of narcotics, it shall refer 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 by Act No. 11690, Mar. 23, 2013; Act No. 14019, 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 such in accordance with Ordinance of the Prime Minister: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14019, 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 by Act No. 10786, Jun. 7, 2011]
| Article 13 (Disposal of Narcotics Possessed by Disqualified Persons) |
Where a person handling narcotics (excluding a manager of narcotics) is disqualified pursuant to Articles 8 and 44, the relevant person handling narcotics, his/her heir, his/her guardian, the liquidator and the surviving or newly formed corporation after a merger shall transfer the narcotics in possession to other person handling narcotics after obtaining approval from the relevant authorities granting permission as prescribed by Ordinance of the Prime Minister: Provided , That where the heir or the corporation concerned is a person handling narcotics, they may not transfer the narcotics after obtaining approval from the relevant authorities granting permission, and where the heir to the marijuana cultivator, or the manager, guardian, or the corporation files a report with an intent to become a marijuana cultivator, he/she shall be deemed to have obtained the permission under Article 6 (1) 5 limited for the relevant year. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, 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 relevant person handling narcotics, his/her heir, his/her guardian, the liquidator, and the surviving or newly formed corporation after a merger shall transfer the narcotics in possession to other person handling narcotics after obtaining approval from the relevant authorities granting permission as prescribed by Ordinance of the Prime Minister: |
| (2) | The authorities granting permission which have approved the transfer, etc. of narcotics or psychotropic substances under paragraph (1) shall notify the Minister of Food and Drug Safety of matters regarding the approval as prescribed by Ordinance of the Prime Minister. <Newly inserted by Act No. 13331, May 18, 2015> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 14 (Advertisement) |
| (1) | It shall not be allowed to advertise narcotic drugs and psychotropic substances by any means other than newspapers or magazines professionally dealing with medical or pharmaceutical issues. |
| (2) | The criteria for advertisement of narcotic drugs and psychotropic substances shall be determined by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, 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 subparagraphs of Article 5-2 (4) 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, preannounced temporary narcotic drugs or temporary narcotic drugs shall be stored at a durable place with a locking device. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12495, Mar. 18, 2014; Act No. 14019, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 16 (Sealing) |
| (1) | An exporter and importer of narcotics and a manufacturer of narcotics shall, as prescribed by Ordinance of the Prime Minister, seal the containers or packaging of the imported or manufactured narcotic drugs and psychotropic substances with certificate stamps issued by the Government: |
| (2) | A person handling narcotics shall not give or receive any narcotic or psychotropic drug that is not sealed pursuant to paragraph (1): |
[This Article Wholly Amended by Act No. 10786, 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 by Act No. 11690, Mar. 23, 2013; Act No. 14019, 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): |
| 1. | Where a person handling narcotics returns narcotics 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 a case where narcotics in possession under Article 13 are transferred to a person handling narcotics. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 17 (Information Printed on Containers, etc.) |
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 by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 17 (Information Printed on Containers, etc.) |
| (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 by Act No. 11690, Mar. 23, 2013> |
| (2) | Letters such as “narcotic drugs” or “psychotropic substances” marked in red colour shall be indicated on the containers and packaging of narcotic drugs and psychotropic substances, and its accompanying documents, in a place more easily recognizable than other letters, articles, pictures, or designs, as prescribed by Ordinance of the Prime Minister. <Added by Act No. 14019, Feb. 3, 2016> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
CHAPTER IV PERSONS HANDLING NARCOTICS
| Article 18 (Permission, etc for Export and Import of Narcotics) |
| (1) | Any person other than an exporter and importer of narcotics shall neither export nor 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 by Act No. 11690, Mar. 23, 2013; Act No. 12495, Mar. 18, 2014> |
| 1. | Obtain permission from the Minister of Food and Drug Safety for each item. The same shall also apply to modification to any permitted matter; |
| 2. | Obtain permission from the Minister of Food and Drug Safety each time an item is exported and imported. 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 by Act No. 11690, Mar. 23, 2013> |
| (4) | In the case of paragraph (2), any person, in whose case one year has not passed since an item permission was revoked under Article 44, may not be granted an item permission. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 19 (Export-Import Report) |
Where an exporter and importer of narcotics has exported and imported narcotic drugs or psychotropic substances, he/she shall report to the Minister of Food and Drug Safety matters concerning the export and import, and the sale of the imported narcotic drugs and psychotropic substances, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 19 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| 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 by Act No. 10786, Jun. 7, 2011]
| Article 21 (Permission, etc. 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, as prescribed by Ordinance of the Prime Minister, obtain an item permission for each item he/she intends to manufacture from the Minister of Food and Drug Safety. The same shall apply to modification to any permitted matter. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The provisions of Article 18 (3) and (4) shall apply |
[This Article Wholly Amended by Act No. 10786, 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 by Act No. 10786, Jun. 7, 2011]
| Article 23 (Report on Manufacture of Narcotics) |
Where a manufacturer of narcotics has manufactured narcotic drugs or psychotropic substances, he/she shall report to the Minister of Food and Drug Safety matters concerning the manufacture and sale, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 23 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| Article 24 (Permission, etc. 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 apply to modification to any permitted matter. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Article 18 (3) and (4) shall apply |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 25 (Report on Use of Narcotics as Raw Materials) |
Where a user of raw materials of narcotics manufactures ultra-narcotic drugs or pharmaceuticals using narcotic drugs or psychotropic substances as raw materials, he/she shall report to the Minister of Food and Drug Safety matters concerning the use, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 25 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| 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 a Special Metropolitan City, a Metropolitan City, a Metropolitan Autonomous City, a |
| (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: |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 27 (Report on Wholesale of Narcotic Drugs) |
A wholesaler of narcotics who handles narcotic drugs shall report to the relevant authorities granting permission matters concerning the sale of such narcotic drugs, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 27 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| Article 28 (Retail of Narcotics) |
| (1) | No person other than a retailer of narcotics may sell any narcotic or psychotropic drug that has been prepared under a prescription for the narcotic or psychotropic drug issued by a medical practitioner handling narcotics: |
| (2) | A retailer of narcotics shall preserve 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 by Act No. 11461, Jun. 1, 2012> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 29 (Report on Retail of Narcotic Drugs) |
When a retailer of narcotics has sold narcotic drugs, he/she shall report matters concerning the sale to the Mayor/Do Governor having jurisdiction over the location of the drug store, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 29 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| Article 30 (Administration, etc. of Narcotics) |
Any person other than a medical practitioner handling narcotics shall not administer or provide for administration narcotic drugs or psychotropic substances for the purpose of medical treatment or treatment of animals, or issue a prescription stating narcotic drugs or psychotropic substances.
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 31 (Records on Administration of Narcotic Drugs) |
| (1) | A medical practitioner handling narcotics shall, separately from the cases of the ordinary pharmaceuticals, prepare, keep and preserve records of such particulars as the address, name (in the case of an animal, its species and the address and name of its owner), age, sex and name of disease of the patient for whom the narcotic drugs are administered or provided for administration, and the name and quantity of the administered narcotic drugs, and the date of provision for administration of narcotic drugs. |
| (2) | The records under paragraph (1) shall be preserved for two years. |
| (3) | In cases of paragraphs (1) and (2), a manager of narcotics, if any, shall prepare, keep and preserve the relevant records in the medical institution where he/she belongs to. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 31 Deleted. <by Act No. 13331, May 18, 2015> |
<<Enforcement Date: Not Determined>>
| Article 32 (Indications on Prescriptions) |
| (1) | A medical practitioner handling narcotics may not administer a narcotic or psychotropic drug or provide it for administration, unless on prescription: |
| (2) | Where a medical practitioner handling narcotics gives a prescription for narcotic drugs, the practitioner shall state the location of business place, the trade name or title, and his/her license number on such a prescription in which he/she shall also enter the address, name, sex, and age of the patient to whom the said prescription is given and the name of disease from which the patient suffers along with the date of issuance of the prescription and then sign or seal on it; and the practitioner shall prepare, keep and preserve the relevant records separately from the cases of the ordinary pharmaceuticals. |
| (3) | The records referred to in paragraphs (1) and (2) (including electronic documents containing digital signature under the Digital Signature Act) shall be preserved for two years. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 32 (Indications on Prescriptions) |
| (1) | A medical practitioner handling narcotics shall not administer a narcotic or psychotropic drug or provide it for administration, unless on prescription: |
| (2) | When a medical practitioner handling narcotics issues a prescription including narcotic drugs, he/she shall state the location of business place, the trade name or title, and his/her license number on such a prescription, and then sign or affix his/her seal to it. <Amended by Act No. 13331, May 18, 2015> |
| (3) | A prescription or the register of medical treatment referred to in paragraphs (1) and (2) (including electronic documents containing digital signature under the Digital Signature Act) shall be preserved for two years. <Amended by Act No. 13331, May 18, 2015> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 33 (Managers of Narcotics) |
| (1) | The representative of a medical institution where four or more medical practitioners handling narcotics carry out medical treatment shall employ a manager of narcotics for the medical institution: |
| (2) | Where a manager of narcotics provided for in paragraph (1) falls under any of the following subparagraphs, the representative of the medical institution concerned 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, until a successor of the manager of narcotics is decided) and report reasons for such measures to the relevant authorities granting permission: |
| 1. | Where the designation of a manager of narcotics loses its validity under Article 8 (4); |
| 2. | Where the designation of a person handling narcotics has been revoked or his/her service has been suspended under Article 44. |
[This Article Wholly Amended by Act No. 10786, 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 in order to be administered or provided for administration at the same medical institution.
[This Article Wholly Amended by Act No. 10786, 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 uses narcotic drugs for academic research, cultivates the hemp plants, or imports and uses marijuana for academic research, he/she shall keep books recording the matters concerning the use (including the current condition of hemp 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 by Act No. 11690, Mar. 23, 2013> |
| (3) | Where an academic researcher handling narcotics uses psychotropic substances for academic research, he/she shall keep records of the matters concerning the use and research, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | An academic researcher handling narcotics shall retain for two years the records which he/she has kept in accordance with paragraphs (2) and (3). |
[This Article Wholly Amended by Act No. 10786, 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) | In cases where an academic researcher handling narcotics cultivates the hemp plants, or imports and uses marijuana for academic research, he/she shall prepare books recording the matters concerning the use (including the current condition of hemp 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 by Act No. 11690, Mar. 23, 2013; Act No. 13331, 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 by Act No. 11690, Mar. 23, 2013; Act No. 13331, 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 by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 36 (Reporting by Hemp Plant Cultivators) |
| (1) | A hemp plant cultivator shall report the cultivated area, current status of production and quantity pertaining to the hemp plant cultivation to a Metropolitan Autonomous City Mayor or the head of a |
| (2) | A hemp plant cultivator shall destroy all parts of the hemp 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 Metropolitan Autonomous City Mayor or the head of a |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 37 (Restrictions on Permission, etc.) |
If it is deemed that potential misuse or abuse of narcotics is feared to cause harm and danger to 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 by Act No. 10786, 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 by Act No. 11690, 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 in order to prevent theft or abuse of narcotics for medical use. |
[This Article Wholly Amended by Act No. 10786, 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 in order 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 by Act No. 10786, Jun. 7, 2011]
| Article 40 (Treatment and Protection of Narcotic Addicts) |
| (1) | The Minister of Health and Welfare or a Mayor/ |
| (2) | The Minister of Health and Welfare or a Mayor/ |
| (3) | Where the Minister of Health and Welfare or a Mayor/ |
| (4) | In order to carry out 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, a Special Metropolitan City, Metropolitan Cities, a Metropolitan Autonomous City, |
| (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 by Act No. 10786, Jun. 7, 2011]
CHAPTER VI SUPERVISION AND CONTROL
| Article 41 (Entry, Inspection and Collection) |
| (1) | If the Minister of Food and Drug Safety, a Mayor/ |
| 1. | To inspect their structures, facilities, business conditions, records and documents, medical supplies and other goods; |
| 2. | To ask questions to the persons concerned; |
| 3. | To collect narcotics, basic substances for narcotics, and pharmaceuticals and objects 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 for the supervision of the Integrated Information Center, the Minister of Food and Drug Safety may take necessary measures such as requiring the head of the Integrated Information Center to make a report on duties or property or submit data, or requiring a relevant public official to enter a site or inspect documents. <Added by Act No. 13331, May 18, 2015> |
| (3) | Any public official who performs the duties of entry, inspection or collection referred to in paragraph (1) or (2) shall produce a certificate verifying his/her authority to the persons concerned. <Amended by Act No. 13331, May 18, 2015> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 42 (Orders, etc. for Destruction) |
| (1) | The Minister of Food and Drug Safety, a Mayor/ |
| (2) | The Minister of Food and Drug Safety, a Mayor/ |
| 1. | Where any person who has been given an order under paragraph (1) fails to comply with such an order; |
| 2. | Where a hemp plant cultivator fails to carry out the destruction as provided in Article 36 (2); |
| 3. | Where basic substances for narcotics 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 by Act No. 10786, Jun. 7, 2011]
| Article 43 (Business Reports, etc.) |
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 basic substances for narcotics to report necessary matters with respect to their business or to submit books, documents and other relevant objects. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11984, Jul. 30, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 44 (Revocation of Permission, etc. and Suspension of Business) |
| (1) | Where a person handling narcotics, a person approved to handle narcotics (excluding cases in which a person has obtained approval for the purpose of departing or entering Korea while carrying narcotic drugs or psychotropic substances for self-treatment) or an exporter, importer, etc. of basic substances for narcotics falls under any of following, the relevant authorities granting permission may revoke the permission (including item permission), designation, or approval given under this Act or may order suspension of all or part of his/her business or handling of narcotics and basic substances for narcotics for a period of up to one year; provided,, in the case of narcotic drugs, psychotropic substances, or ultra-narcotic drugs that cause or are likely to cause harm or danger to the public health, the relevant authorities granting permission may order no more than the alteration of the ingredients or prescription of the narcotic drugs, psychotropic substances or ultra-narcotic drugs where the causes of harm and danger are not attributable to a person handling them and where the objectives of the permission are deemed achievable by such alteration: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11984, Jul. 30, 2013; Act No. 12495, Mar. 18, 2014> |
| 1. | Where suspension of all or part of business or handling of narcotics and basic substances for narcotics is ordered: |
| (a) | Where he/she violates the provision concerning restrictions on handling narcotics under Article 5 (1) and (2); |
| (b) | Where he/she violates measures under Article 5 (3); |
| (c) | Where he/she fails to obtain a modified permission or modified designation under the latter part of the main sentence of Article 6 (1) and the latter part of paragraph (2) of the same Article; |
| (d) | Where he/she fails to have a modified permission under the latter part Article 6-2 (1); |
| (e) | Where he/she fails to have a certificate of permission or written designation under Article 7 (2) re-issued; |
| (f) | Where he/she transfers narcotic drugs, etc, in violation of Article 9 (2) and (3); |
| (g) | Where he/she purchases or sells, gives or receives narcotic drugs without exchanging a form of narcotic purchase and that of narcotic sales under Article 10 (1); |
| (h) | Where he/she fails to preserve a form of narcotic purchase and that of narcotic sales, in violation of Article 10 (2); |
| (i) | Where he/she fails to prepare, record or keep books or records false information, in violation of Article 11; |
| (j) | Where he/she fails to report, or destroys narcotics 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 narcotic drugs, etc, 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) | Where he/she fails to make reports, in violation of Articles 19, 23, 25, 27 and 29, or makes a false report; |
| (p) | Where he/she sells narcotics, in violation of Articles 20, 22 and 26; |
| (q) | Where he/she administers a narcotic or psychotropic drug without following a prescription, in violation of Article 32, or records false information in a prescription, or fails to prepare, keep and preserve 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 preserve records, in violation of Article 35 (2) through (4), or records false information; |
| (t) | Where a cultivator of the hemp plant fails to cultivate the hemp plant 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, inquires and collection by a relevant public official under Article 41; |
| (w) | Where the persons handling narcotics or exporters, importers, etc. of basic substances for narcotics fail to receive education, in violation of Article 50; |
| (x) | Where he/she exports and imports basic substances for narcotics without obtaining approval for export and import in violation of Article 51 (1), or exports and imports basic substances for narcotics in disconformity with the details of the approval for export and import; |
| (y) | Where he/she fails to prepare or retain records on the production, export, import, giving, receiving, sale, or purchase of basic substances for narcotics in violation of Article 51 (2) or prepares false records; |
| (z) | Where he/she trades basic substances for narcotics in small quantities in order to evade the obligation of preparing records on the export, import, giving, receiving, sale, or purchase of basic substances for narcotics under Article 51 (2); |
| (aa) | Where he/she fails to make a 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. | Where permission (including an item permission) or designation is revoked: |
| (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 Articles 18 (2) 1, 21 (2) and 24 (2); |
| (c) | Where he/she violates subparagraph 1 (a), (m), (v) or Article 9 (2) two times or more; |
| (d) | Where he/she violates subparagraph 1 (i), (j), (r), or (bb), or Article 9 (3) not less than three times; |
| (e) | Where he/she violates the standards determined by Ordinance of the Prime Minister on matters such as the content of active ingredients of narcotic drugs, rate of loss of narcotic drugs in the compounding process three times or more. |
| (2) | The criteria for administrative dispositions under paragraph (1) shall be determined by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 44 (Revocation of Permission, etc. and Suspension of Business) |
| (1) | Where a person handling narcotics, a person approved to handle narcotics (excluding cases in which a person has obtained approval for the purpose of departing or entering Korea while carrying narcotic drugs or psychotropic substances for self-treatment) or an exporter, importer, etc. of basic substances for narcotics falls under any of following, the relevant authorities granting permission may revoke the permission (including item permission), designation, or approval given under this Act or may order suspension of all or part of his/her business or handling of narcotics and basic substances for narcotics for a period of up to one year: |
| 1. | Where suspension of all or part of business or handling of narcotics and basic substances for narcotics is ordered: |
| (a) | Where he/she violates the provision concerning restrictions on handling narcotics under Article 5 (1) and (2); |
| (b) | Where he/she violates measures under Article 5 (3); |
| (c) | Where he/she fails to obtain a modified permission or modified designation under the latter part of the main sentence of Article 6 (1) and the latter part of paragraph (2) of the same Article; |
| (d) | Where he/she fails to have a modified permission under the latter part Article 6-2 (1); |
| (e) | Where he/she fails to have a certificate of permission or written designation under Article 7 (2) re-issued; |
| (f) | Where he/she transfers narcotic drugs, etc, in violation of Article 9 (2) and (3); |
| (g) | and (h) Deleted. <by Act No. 13331, May 18, 2015> |
| (i) | Where he/she fails to report or falsely reports, in violation of Article 11; |
| (j) | Where he/she fails to report, or destroys narcotics 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 narcotic drugs, etc, 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; <by Act No. 13331, 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 drug without following a prescription, in violation of Article 32, or records false information in a prescription, or fails to prepare, keep and preserve 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 preserve records, in violation of Article 35 (2) through (4), or records false information; |
| (t) | Where a cultivator of the hemp plant fails to cultivate the hemp plant 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, inquires and collection by a relevant public official under Article 41; |
| (w) | Where the persons handling narcotics or exporters, importers, etc. of basic substances for narcotics fail to receive education, in violation of Article 50; |
| (x) | Where he/she exports and imports basic substances for narcotics without obtaining approval for export and import in violation of Article 51 (1), or exports and imports basic substances for narcotics in disconformity with the details of the approval for export and import; |
| (y) | Where he/she fails to prepare or retain records on the production, export, import, giving, receiving, sale, or purchase of basic substances for narcotics in violation of Article 51 (2) or prepares false records; |
| (z) | Where he/she trades basic substances for narcotics in small quantities in order to evade the obligation of preparing records on the export, import, giving, receiving, sale, or purchase of basic substances for narcotics under Article 51 (2); |
| (aa) | Where he/she fails to make a 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. | Where permission (including an item permission) or designation is revoked: |
| (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 Articles 18 (2) 1, 21 (2) and 24 (2); |
| (c) | Where he/she violates subparagraph 1 (a), (m), (v) or Article 9 (2) two times or more; |
| (d) | Where he/she violates subparagraph 1 (i), (j), (r), or (bb), or Article 9 (3) not less than three times; |
| (e) | Where he/she violates the standards determined by Ordinance of the Prime Minister on matters such as the content of active ingredients of narcotic drugs, rate of loss of narcotic drugs in the compounding process three times or more. |
| (2) | The criteria for administrative dispositions under paragraph (1) shall be determined by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 45 (Hearings) |
Where the authorities granting permission intends to revoke the permission or designation of a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics under Article 44 (1), it shall hold a hearing.
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 46 (Disposition of Penalty Surcharges) |
| (1) | Where the authorities granting permission is to take measures to enforce the suspension of business as provided in Article 44 (1) on a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics, it may impose a penalty surcharge not exceeding 100 million won in lieu of such measures for the suspension of business as prescribed by Presidential Decree. In such cases, imposition of the penalty surcharge shall be limited to such case as where these measures for the suspension of business bring or may bring serious harm or danger to the public health, and it shall not be imposed for more than three times. |
| (2) | The amount of the penalty surcharge according to the types and degrees of the offenses liable to penalty surcharge under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where the penalty surcharge under paragraph (1) has not been paid within a specified period, the authorities granting permission shall collect it in the same manner as delinquent national or local taxes are collected. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 46 (Disposition of Penalty Surcharges) |
| (1) | Where the authorities granting permission is to take measures to enforce the suspension of business as provided in Article 44 (1) on a person handling narcotics or an exporter, importer, etc. of basic substances for narcotics, it may impose a penalty surcharge not exceeding 100 million won in lieu of such measures for the suspension of business as prescribed by Presidential Decree. In such cases, imposition of the penalty surcharge shall be limited to such case as where these measures for the suspension of business bring or may bring serious harm or danger to the public health, and it shall not be imposed for more than three times. |
| (2) | The amount of the penalty surcharge according to the types and degrees of the offenses liable to penalty surcharge under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | If necessary to impose the penalty surcharge, the authorities granting permission may request with a document stating the following matters that the head of the competent tax office submit tax information: <Amended by Act No. 14019, Feb. 3, 2016> |
| 1. | Personal information of taxpayer; |
| 2. | Purpose of use for tax information; |
| 3. | Sales revenue to impose the penalty surcharge on. |
| (4) | Where the penalty surcharge under paragraph (1) has not been paid within the time limit, the authorities granting permission shall revoke the disposition of imposing the penalty surcharge and suspend business under Article 44 (1), or collect it in the same manner as delinquent national taxes are collected or as prescribed by the Act on the Collection, etc. of Local Non-Tax Revenue: |
| (5) | If necessary for collecting the unpaid penalty surcharge under paragraph (4), the authorities granting permission may request submission of any of the following data from each relevant person in the following subparagraphs. In such cases, a person in receipt of such request shall comply therewith unless there is any justifiable ground to the contrary. <Added by Act No. 14019, Feb. 3, 2016> |
| 1. | Certified copy of registered building ledger under Article 38 of the Building Act: the Minister of Land, Infrastructure and Transport; |
| 2. | Certified copy of land cadastre under Article 71 of the Act on the Establishment, Management, etc. of Spatial Data: the Minister of Land, Infrastructure and Transport; |
| 3. | Certified copy of car registered book under Article 7 of the Motor Vehicle Management Act: Mayor/ |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Nov. 4, 2016>>
| Article 47 (Disposition on Illegal Narcotics) |
With respect to the narcotics that are 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 governing narcotics, the Minister of Food and Drug Safety may seize them or impose other necessary disposition. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12495, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 48 (Inspectors for Narcotics) |
| (1) | The Ministry of Food and Drug Safety, its affiliated organizations, the Special Metropolitan City, Metropolitan Cities, the Metropolitan Autonomous City, |
| (2) | Qualifications for the inspectors for narcotics, the scope of duties and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 49 (Honorary Counselors for Narcotics) |
| (1) | The Ministry of Food and Drug Safety, Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous Cities/Dos, Special Self-Governing Province, and Sis/Guns/Gus may appoint honorary counselors for narcotics to prevent misuse or abuse of narcotics, to carry out publicity and awareness campaigns, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14019, 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 by Act No. 10786, Jun. 7, 2011]
| Article 50 (Education for Persons Handling Narcotics and Exporters, Importers, etc. of Basic Substances for Narcotics) |
| (1) | The persons handling narcotics (excluding the hemp plant cultivators) or exporters, importers, etc. of basic substances for narcotics shall receive education for control of narcotics or basic substances for narcotics conducted by the Minister of Food and Drug Safety or a Mayor/ |
| (2) | Matters necessary for the method, frequency and details of the education for control of narcotics or basic substances for narcotics under paragraph (1) shall be determined by Ordinance of the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 51 (Control of Basic Substances for Narcotics) |
| (1) | Any person who exports and imports basic substances for narcotics shall obtain approval from the Minister of Food and Drug Safety for each export and import he/she carries out. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any person who manufactures, exports and imports, gives or receives, or trades basic substances for narcotics 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: |
| 1. | In cases of the manufacture and transactions that are kept on the record, and of which records are preserved, under the Pharmaceutical Affairs Act; |
| 2. | In cases of the manufacture and transactions that are kept on the record, and of which records are preserved, under the Chemicals Control Act; |
| 3. | In cases of the manufacture and transactions of the composite basic substances for narcotics; |
| 4. | In cases of lawful transactions that are carried out 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 basic substances for narcotics shall report it to the Minister of Justice or the Minister of Food and Drug Safety without delay: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the purpose of the purchase of basic substances for narcotics is uncertain or where they may be used for the illegal manufacture of narcotic drugs and psychotropic substances; |
| 2. | Where basic substances for narcotics exceeding the amount prescribed by Presidential Decree has been stolen, missing, or involved in other accident. |
| (4) | The person handling basic substances for narcotics 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 by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for the type of basic substances for narcotics subject to permission under paragraph (1) and the procedures for such permission 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 by Act No. 11690, 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 basic substances for narcotics shall, without delay, report the matters concerning the manufacture or trade of basic substances for narcotics <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10786, 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 in order to conduct the following projects: <Amended by Act No. 11690, 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 otherwise provided for in this Act, the provisions concerning incorporated foundation referred to in the Civil Act shall apply |
| (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 by Act No. 12495, Mar. 18, 2014; Act No. 14019, Feb. 3, 2016> |
| (5) | Matters necessary for the management, etc. of the Korean Association Against Drug Abuse shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 10786, 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 determined by Ministerial Decree of Health and Welfare. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| 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 and other statutes concerning narcotics from each agency of the Government, and may request such agencies to submit relevant data with respect to necessary matters concerning narcotics <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 53 (Disposal Methods, etc. of Confiscated Narcotics) |
| (1) | The narcotics confiscated under the conditions prescribed by this Act, and other statutes shall be handed over to a Mayor/ |
| (2) | Where a Mayor/ |
| (3) | Matters necessary for the disposal under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 54 (Rewards) |
Any person who provides information on or makes accusation against a crime involved in narcotics under this Act, and other statutes to the investigative authorities, or arrests such criminal, prior to the discovery thereof by the investigative authorities shall be paid appropriate rewards as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 55 (Fees) |
The following persons shall pay fees as determined by Ordinance of the Prime Minister: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Any person who intends to be granted permission or designation; |
| 2. | Any person who intends to modify the details of permission or designation; |
| 3. | Any person who intends to have his/her certificate of permission or written designation reissued under this Act. |
[This Article Wholly Amended by Act No. 10786, 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 in accordance with Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10786, 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 Ministerial Decree of Defense. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 57 (Application of Other Acts) |
The provisions of the Pharmaceutical Affairs Act, except as provided by this Act, shall apply to the manufacture, control, etc. of narcotic drugs and psychotropic substances.
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
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 by Act No. 12495, Mar. 18, 2014; Act No. 14019, Feb. 3, 2016> |
| 1. | A person who exports or imports, manufactures, trades, or assists in the trade of, narcotic drugs or temporary narcotic drugs, or who possesses or owns them for such purpose, in violation of subparagraphs 2 and 3 of Article 3 (which shall include cases applicable |
| 2. | A person who manufactures, exports, or imports basic substances for narcotics 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 for 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 marijuana, 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 or temporary narcotic drugs to a minor, or who trades, gives, receives, prepares, administers or delivers psychotropic substances or temporary psychotropic substances, in violation of Article 4 (1) or 5-2 (4). |
| (2) | Any person who has committed any of the offenses under paragraph (1) for profit-making or out of habit shall be punished by death penalty, imprisonment with labor for an indefinite term or for not less than ten years. |
| (3) | Any attempt to commit any of the crimes under paragraphs (1) and (2) shall be punished. |
| (4) | Any person who has premeditated or plotted to commit any of the crimes under paragraphs (1) (excluding subparagraph 7) and (2) shall be punished by imprisonment with labor for not more than ten years. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 59 (Penalty Provisions) |
| (1) | The following persons shall be punished by imprisonment with labor for a limited term of not less than one year: <Amended by Act No. 14019, Feb. 3, 2016> |
| 1. | A person who cultivates plants used as raw materials for 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 provide 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, gives, or receives basic substances for narcotics for the purpose of manufacturing narcotic drugs or psychotropic substances, or who holds, possesses or uses it 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, 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 marijuana, or who holds or possesses it for such purpose, in violation of subparagraph 8 or 9 of Article 3; |
| 8. | A person who gives, receives or delivers marijuana to the minors, or has the minors smoke or take in marijuana or its seed coats, in violation of subparagraph 10 of Article 3 or Article 4 (1). |
| 9. | A person who holds, possesses, controls, gives or receives narcotic drugs or temporary narcotic drugs in violation of Article 4 (1) or 5-2 (4), 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 hemp plants or temporary hemp plants for the purpose of the export, trade, or manufacture, of marijuana or temporary marijuana, in violation of Article 4 (1) or 5-2 (4); |
| 12. | A person who handles narcotics (excluding marijuana) in violation of Article 4 (3); |
| 13. | A person who exports, imports, or manufactures psychotropic substances, or manufactures pharmaceuticals, in violation of Article 18 (1), 21 (1) or 24 (1). |
| (2) | Any person who habitually commits any of the crimes 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 crimes under paragraphs (1) (excluding subparagraph 5) and (2) shall be punished. |
| (4) | A person who has premeditated or plotted to commit any of the crimes under paragraph (1) 7 shall be punished by imprisonment with labor for not more than ten years. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
| Article 59 (Penalty Provisions) |
| (1) | The following persons shall be punished by imprisonment with labor for a limited term of not less than one year: <Amended by Act No. 14019, Feb. 3, 2016> |
| 1. | A person who cultivates plants used as raw materials for 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 provide 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, gives, or receives basic substances for narcotics for the purpose of manufacturing narcotic drugs or psychotropic substances, or who holds, possesses or uses it 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, 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 marijuana, or who holds or possesses it for such purpose, in violation of subparagraph 7 of Article 3; |
| 8. | A person who gives, receives or delivers marijuana to the minors, or has the minors smoke or take in marijuana or its seed coats, in violation of subparagraph 10 of Article 3 or Article 4 (1); |
| 9. | A person who holds, possesses, controls, gives or receives narcotic drugs or temporary narcotic drugs in violation of Article 4 (1) or 5-2 (4), 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 hemp plants or temporary hemp plants for the purpose of the export, trade, or manufacture, of marijuana or temporary marijuana, in violation of Article 4 (1) or 5-2 (4); |
| 12. | A person who handles narcotics (excluding marijuana) in violation of Article 4 (3); |
| 13. | A person who exports, imports, or manufactures psychotropic substances, or manufactures pharmaceuticals, in violation of Article 18 (1), 21 (1) or 24 (1). |
| (2) | Any person who habitually commits any of the crimes 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 crimes under paragraphs (1) (excluding subparagraph 5) and (2) shall be punished. |
| (4) | A person who has premeditated or plotted to commit any of the crimes under paragraph (1) 7 shall be punished by imprisonment with labor for not more than ten years. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date : Nov. 4, 2016>>
| Article 60 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won: |
| 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 person with a place, facilities, equipment, funds or means of transportation available for committing the prohibited acts in respect of 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 delivers a prescription thereof, in violation of Article 5 (1) and (2) (including cases applicable |
| (2) | Any person who habitually commits any of the crimes under paragraph (1) shall be subject to an aggravated punishment by up to 1/2 of the penalty stipulated for the crime. |
| (3) | Any attempt to commit any of the crimes under paragraphs (1) and (2) shall be punished. |
[This Article Wholly Amended by Act No. 10786, 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 by Act No. 14019, Feb. 3, 2016> |
| 1. | A person who uses psychotropic substances (excluding psychotropic substances under subparagraph 3 (a) of Article 2) or marijuana in violation of subparagraph 1 of Article 3, or who provides others with a place, facilities, equipment, funds, or means of transportation available for committing the prohibited acts in respect of the psychotropic substances (excluding the psychotropic substances under subparagraph 3 (a) of Article 2) and marijuana in violation of subparagraph 11 of Article 3; |
| 2. | A person who cultivates plants used as raw materials for 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 takes in 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 or for the purpose of having others smoke or take them in, 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 takes in marijuana or the seed coats of the hemp plants; |
| (b) | A person who holds marijuana, the hemp 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, the hemp 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, 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, receives, transports, keeps in custody, or uses marijuana or temporary marijuana, in violation of Article 4 (1) or 5-2 (4); |
| 7. | A person who handles psychotropic substances or marijuana, in violation of Article 5 (1) and (2) (including cases applicable |
| 8. | A person who exports, imports, or manufactures raw materials in violation of 6-2; |
| 9. | A person who handles psychotropic substances, or issues a prescription for them, in violation of Article 28 (1) or 30; |
| 10. | A person who sells narcotic drugs or psychotropic substances through electronic transaction, in violation of Article 28 (3). |
| (2) | Any person who habitually commits any of the crimes under paragraph (1) shall be subject to an aggravated punishment by up to 1/2 of the penalty stipulated for such a crime. |
| (3) | Any attempt who commits any of the crimes under paragraph (1) (excluding subparagraphs 2, 3 and 8 thereof) and paragraph (2) (excluding violations of paragraph (1) 2, 3 and 8) shall be punished. |
[This Article Wholly Amended by Act No. 10786, 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: |
| 1. | A person who lends or transfers his/her certificate of permission or written designation concerning handling of narcotic drugs 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 any offense violating Article 9 (2), 20, 22 (1) or 26 (1). |
| (2) | Any person who habitually commits any of the crimes under paragraph (1) shall be subject to an aggravated punishment by up to 1/2 of the penalty stipulated for such a crime. |
| (3) | Any attempt who commits any of the crimes under paragraphs (1) and (2) shall be punished. |
[This Article Wholly Amended by Act No. 10786, 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: |
| 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 written designation concerning handling of psychotropic substances 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 concerning handling of marijuana in violation of Article 8 (1), or who handles marijuana in violation of Article 9 (2) and (3); |
| 4. | Any person who handles psychotropic substances as the other party to any offense violating Articles 9 (2), 20 and 22 (2); |
| 5. | Any person who handles marijuana as the other party to any offense violating Article 9 (2); |
| 6. | Any person who handles narcotic drugs, in violation of Article 10 (1), 11 (1), (3) and (4), 16, 28 (2), 31, 32 (1) and (2), 33 (1) or 34; |
| 7. | Any person who handles narcotic drugs by means of making false entries in the form of narcotic purchase or that of narcotic sales under Article 10 (1), in the book under Article 11 (1), into the records under Article 31 (1), or in the prescription under Article 32 (2); |
| 8. | Any person who violates orders, or fails to make reports (limited to Article 43), or entries, under Articles 12 (1), 17, 19, 23, 25, 27, 29, 35 (2), or 43, or who handles narcotic drugs by means of violating orders making false reports, declarations or entries; |
| 9. | Any person who destroys narcotic drugs, in violation of Article 12 (2); |
| 10. | Any person who handles narcotic drugs, in violation of Articles 13 and 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 any 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 any justifiable reasons; |
| 14. | Any person handling narcotic drugs, who refuses, obstructs or evades the entry, inspection, collection, etc. under Article 41 (1) (including the case applied |
| 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 raw materials 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 habitually commits any of the crimes 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 crime. |
| (3) | Any attempt who commits any of the crimes under paragraph (1) 2 through 5, 11 and 12 and (2) shall be punished. |
[This Article Wholly Amended by Act No. 10786, 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 by Act No. 13331, May 18, 2015> |
| 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 written designation concerning handling of psychotropic substances 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 concerning handling of marijuana in violation of Article 8 (1), or who handles marijuana in violation of Article 9 (2) and (3); |
| 4. | Any person who handles psychotropic substances as the other party to any offense violating Articles 9 (2), 20 and 22 (2); |
| 5. | Any person who handles marijuana as the other party to any offense violating Article 9 (2); |
| 6. | Any person who handles narcotic drugs, in violation of Articles 11 (1) through (4), 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 changing report falsely under Article 11 (1) through (4), or by means of false entries in the 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 any 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 any justifiable reasons; |
| 14. | Any person handling narcotic drugs, who refuses, obstructs or evades the entry, inspection, collection, etc. under Article 41 (1) (including the case applied |
| 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 raw materials 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 habitually commits any of the crimes 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 crime. |
| (3) | Any attempt who commits any of the crimes under paragraph (1) 2 through 5, 11 and 12 and (2) shall be punished. |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| 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:
| 1. | Any person who makes a false report under Article 8 (2) and (3); |
| 2. | Any person who handles psychotropic substances without having a book or register to keep records thereon under Articles 11 (2) and 35 (3) or by means of false recording; |
| 3. | Any person who fails to make entries under Articles 12 (1), 17, 19, 23 and 25, or who handles psychotropic substances by making false reports, declarations or entries; |
| 4. | Any person who violates orders, or fails to make reports or declarations, under Article 36 or 43, or who handles marijuana in violation of orders thereunder or by means of false reports or declarations; |
| 5. | Any person who disposes of psychotropic substances, in violation of Article 12 (2); |
| 6. | Any person who destroys marijuana, in violation of Article 12 (2); |
| 7. | Any person who handles marijuana, in violation of Article 13; |
| 8. | Any person who handles psychotropic substances, in violation of Article 13, 16, 26 (2), 32 (1), 33 (2), 34 or 35 (3); |
| 9. | Any person who fails to transfer or hand over psychotropic substances to a person handling narcotics, in violation of Articles 13 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 any offense violating Article 26 (2); |
| 13. | Any person who fails to keep a book, in violation of Article 35 (2); |
| 14. | Any person who fails to destroy marijuana 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 or any person handling basic substances for narcotics, who violates orders under Article 41 (1) (including the case applied |
| 17. | Any person handling marijuana, who refuses, obstructs or evades the entry, search, inspection or collection under Article 41 (1) (including the case applied |
| 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 marijuana 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 by Act No. 10786, 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 by Act No. 13331, May 18, 2015>
| 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 (4); |
| 3. | Any person who handles psychotropic substances by means of making a false report or changing report falsely in violation of Article 12 (1), or handles psychotropic substances by means of failing to report or making a false report under Article 17; |
| 4. | Any person who violates orders, or fails to make reports or declarations, under Article 36 or 43, or who handles marijuana in violation of orders thereunder or by means of false reports or declarations; |
| 5. | Any person who disposes of psychotropic substances, in violation of Article 12 (2); |
| 6. | Any person who destroys marijuana, in violation of Article 12 (2); |
| 7. | Any person who handles marijuana, 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 any offense violating 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 marijuana 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 or any person handling basic substances for narcotics, who violates orders under Article 41 (1) (including the case applied |
| 17. | Any person handling marijuana, who refuses, obstructs or evades the entry, search, inspection or collection under Article 41 (1) (including the case applied |
| 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 marijuana 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 by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
| Article 65 Deleted. <by Act No. 6824, Dec. 26, 2002> |
| Article 66 (Concurrent Impositions of Suspension of Qualification or Fines) |
| (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 ten 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). |
[This Article Wholly Amended by Act No. 10786, 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,, where they are not confiscable, the value equivalent thereto shall be collected.
[This Article Wholly Amended by Act No. 10786, 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 the case of marijuana, 50 million won): Provided , That in the case 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 in order to prevent such offense.
[This Article Wholly Amended by Act No. 10786, 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: |
| 1. | Any person who fails to make a report under Article 8 (2) and (3); |
| 2. | Any person who fails to preserve a form of narcotic purchase and that of narcotic sales, in violation of Article 10 (2); |
| 3. | Where the amount of psychotropic substances possessed by medical practitioners handling narcotics, managers of narcotics, the retailers of narcotics, for medical practice, animal treatment or pharmaceutical purposes are different from the total stock recorded in a book, in violation of Article 11 (2); |
| 4. | Any person who fails to keep and preserve a book of psychotropic substances, in violation of Article 11 (3) and (4); |
| 5. | Any person who fails to make a report under Articles 12 (1), 19, 23, 25, 27, 29, and 35 (2) or 51 (7); |
| 6. | Any person who stores psychotropic substances, in violation of Article 15; |
| 7. | Any person who fails to preserve records, in violation of Article 32 (3); |
| 8. | Any person who fails to report to the relevant authorities granting permission on reasons of transfer after handing over narcotics, in violation of Article 33 (2); |
| 9. | Any person who fails to preserve a book, in violation of Article 35 (4). |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Food and Drug Safety, a Mayor/ |
[This Article Wholly Amended by Act No. 10786, 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 by Act No. 13331, May 18, 2015> |
| 1. | Any person who fails to make a report under Article 8 (2) and (3); |
| 2. | Deleted. <by Act No. 13331, 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 treatment or pharmaceutical purposes are different from the reported total stock, in violation of Article 11 (1) through (4); |
| 4. | Deleted. <by Act No. 13331, May 18, 2015> |
| 5. | Any person who fails to make a 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 preserve records, in violation of Article 32 (3); |
| 8. | Any person who fails to report to the relevant authorities granting permission on reasons of transfer after handing over narcotics, in violation of Article 33 (2); |
| 9. | Any person who fails to preserve a book, in violation of Article 35 (4). |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Food and Drug Safety, a Mayor/ |
[This Article Wholly Amended by Act No. 10786, Jun. 7, 2011]
<<Enforcement Date: Not Determined>>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Article 2 (Abrogation of Acts)
The Narcotics Act, the Psychotropic Drugs Control Act, and the Cannabis Control Act shall be hereby repealed.
Article 3 (Transitional Measures for License, Permission, Designation, Approval, etc.)
| (1) | Those who were licensed or permitted as the narcotic drugs importers or the importers-exporters of the psychotropic substances under the Narcotics Act, the Psychotropic Drugs Control Act, and the Cannabis Control Act (hereinafter referred to as the "previous Acts") which are repealed pursuant to Article 2 of the Addenda as at the time this Act enters into force, shall be construed as the importer-exporter 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 substances 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 substances 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 substances 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 substances or the marijuana researchers thereunder, as the academic researchers handling the narcotics under Article 6 (1) 4; and those who were permitted as the marijuana cultivators thereunder, as the marijuana 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 Acts 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 the licenses 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 substances, under the previous Acts as at the time this Act enters into force shall be construed as having obtained the relevant item licenses under Article 18 (2), 21 (2) or 24 (2). |
Article 4 (Transitional Measures for 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 Acts 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 for Honorary Counselors for Narcotics)
Those who were commissioned as honorary narcotic drugs advisers, honorary advisers on psychotropic substances or honorary marijuana advisers under the previous Acts before this Act enters into force shall be construed as honorary counselors for narcotics under Article 49 (1).
Article 6 (Transitional Measures on Dispositions, etc.)
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 declarations and other actions taken toward the administrative agencies, under the previous Acts, 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 for Penalty Provisions)
The previous Acts shall govern the application of penalty provisions to the offenses committed in violation of the previous Acts before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes)
Where other statutes have quoted the previous Acts 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 item (i) of subparagraph 6 of Article 2 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures for 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 for 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 for 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.
ADDENDUM <Act No. 7098, Jan. 20, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9024, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act enters 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 start applying to 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 former 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 for 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, May 27, 2009>
Article 1 (Enforcement Date)
This Act 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 Act 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 start applying to basic substances for narcotics first manufactured or traded after this Act enters into force.
Article 3 (Transitional Measures for 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 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 force 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 body other than subparagraphs of Article 44 (1) shall enter into force on the date of its promulgation.
Article 2 (Applicability to Suspension of Business)
The part "for a period up to one year" in the amended provisions of the main body other than subparagraphs of Article 44 (1) 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 apply, starting with the first temporary narcotics preannounced after this Act enters into force.
Article 3 (Applicability to Disposition on Illegal Psychotropic Substances and Marijuana)
The amended provisions of Article 47 shall apply, starting with the first illegal psychotropic substances and marijuana uncovered after this Act enters into force.
Article 4 (Transitional Measures for 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 for 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, May 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 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 to the State, local governments, public agencies, persons handling narcotics, persons approved for handling narcotics, etc. the provision of 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 notify to the public after determining the procedure, method, etc. |
Article 3 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <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, Subparagraph 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)
The amended provisions of Article 16 and 17 shall apply beginning with narcotics which have been imported or manufactured for the first time after the said amended provisions enter into force.
ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT
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| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.30244 | 20191210 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.29620 | 20190312 |
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| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.28589 | 20180116 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.28395 | 20171019 |
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| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.25888 | 20141223 |
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| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.21605 | 20090701 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.21214 | 20081231 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.21029 | 20080929 |
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| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.19744 | 20061204 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.19135 | 20051116 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.18312 | 20040317 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.18078 | 20030730 |
| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.17431 | 20011219 |
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| ENFORCEMENT DECREE OF THE NARCOTICS CONTROL ACT | No.16884 | 20000701 |
| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters mandated by the Narcotics Control Act and other matters necessary for the enforcement thereof.
[This Article Wholly Amended on Jun. 7, 2012]
| Article 2 (Narcotic drugs) |
| (1) | Narcotic drugs under subparagraph 2 (d) of Article 2 of the Narcotics Control Act (hereinafter referred to as the "act") shall be as specified in Appendix 1. |
| (2) | Narcotic drugs under subparagraph 2 (e) of Article 2 of the Act shall be as specified in Appendix 2. |
| (3) | Psychotropic substances under subparagraph 3 (a) through (e) of Article 2 of the Act shall be as specified in Appendices 3 through 7. |
| (4) | Cannabis under subparagraph 4 (c) of Article 2 of the Act shall be as specified in Appendix 7-2. <Added on Nov. 1, 2016> |
| (5) | Precursors under subparagraph 6 of Article 2 of the Act shall be as specified in Appendix 8. <Amended on Nov. 1, 2016> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 2-2 (Master plans and implementation plans for narcotics control) |
| (1) | The head of the relevant central administrative agency shall formulate a plan for narcotics control under his or her jurisdiction pursuant to Article 2-3 (1) of the Act and submit it to the Prime Minister no later than June 30 of the year preceding the year in which a narcotics control master plan under paragraph (2) of that Article is implemented. |
| (2) | The head of the relevant central administrative agency shall formulate an implementation plan for narcotics control for the following year pursuant to Article 2-3 (4) of the Act and submit it to the Prime Minister by November 30 of each year. |
[This Article Added on Jan. 30, 2024]
[Previous Article 2-2 moved to Article 20-5 <Jan. 30, 2024>]
| Article 2-3 (Composition of Narcotics Countermeasure Council) |
| (1) | Public officials belonging to the Senior Executive Service of central administrative agencies prescribed by Presidential Decree in Article 2-4 (4) 2 of the Act means the president of the National Forensic Service. |
| (2) | The term of office of members of the Narcotics Countermeasure Council under Article 2-4 (1) of the Act (hereinafter referred to as the "council") shall be two years and may be renewed consecutively; provided, the term of office of a member who is a public official shall be the period during which he or she holds the relevant position. |
| (3) | If a member commissioned pursuant to Article 2-4 (4) 3 of the Act falls under any of the following subparagraphs, the chairperson of the Council may dismiss the relevant member: |
| 1. | Where he or she becomes incapable of performing his or her duties due to mental or physical weakness; |
| 2. | Where he or she has committed any misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unfit as a member due to his or her neglect of duty, loss of dignity, or any other reason; |
| 4. | Where he or she voluntarily declares that it is impracticable to perform his or her duties. |
[This Article Added on Jan. 30, 2024]
| Article 2-4 (Operation of Council) |
| (1) | The chairperson of the Council shall represent the Council and have general supervision and control of its business affairs. |
| (2) | When the chairperson of the Council is unable to perform his or her duties due to unavoidable reasons, a member designated in advance by the chairperson shall act on behalf of the chairperson. |
| (3) | Meetings of the Council shall be convened by the chairperson if the chairperson deems it necessary or at the request of at least 1/3 of all incumbent members. |
| (4) | A majority of the members of the Council shall constitute a quorum, and any resolution thereof shall require the concurrent vote of a majority of those present. |
| (5) | The Council may, if necessary to perform its duties, have public officials or relevant experts with professional knowledge and experience attend its meetings to hear their opinions, or request relevant institutions, organizations to provide necessary cooperation, such as submission of necessary materials or opinions. |
| (6) | Allowances, travel expenses, and other necessary expenses may be paid to members and relevant experts who attend a meeting of the Council within the budget; provided, this shall not apply where a public official attends a meeting of the Council in direct connection with his or her duties. |
[This Article Added on Jan. 30, 2024]
| Article 2-5 (Composition and operation of working council) |
| (1) | The working council under Article 2-4 (6) of the Act (hereinafter referred to as the "working council") shall be comprised of up to 20 members, including 1 chairperson. |
| (2) | The Minister of the Social Policy Coordination Office under the Office for Government Policy Coordination shall serve as the chairperson of the working council. |
| (3) | The members of the working council shall be as follows: |
| 1. | Persons appointed by the head of the relevant agency from among public officials at the director-general level in the Ministry of Economy and Finance, 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 Korea Communications Commission, the National Intelligence Service, the Ministry of Food and Drug Safety, the Supreme Prosecutors' Office, the Korea Customs Service, the Korean National Police Agency, the Korea Coast Guard, and the Office for Government Policy Coordination; |
| 2. | Persons commissioned by the chairperson of the Council from among experts engaged in narcotics-related organizations, research institutes, or academic and press circles related to narcotics. |
| (4) | The term of office of a member of the working council shall be 2 years, and he or she may be reappointed; provided, the term of office of a member who is a public official shall be the period during which he or she holds the relevant position. |
| (5) | Article 2-3 (3) shall apply mutatis mutandis to the dismissal of a member commissioned by the chairperson of the Council pursuant to paragraph (3) 2. |
| (6) | For the efficient operation of the working council, the working council may have the following working sub-councils (hereinafter referred to as the "working sub-council") for each specialized field: |
| 1. | The investigation, control, and information working sub-council; |
| 2. | The medical treatment and social rehabilitation working sub-council; |
| 3. | The prevention, education, and public relations working sub-council. |
| (7) | Article 2-4 shall apply mutatis mutandis to the operation of the working council. In such cases, "council" shall be construed as "working council". |
[This Article Added on Jan. 30, 2024]
| Article 2-6 (Detailed operating rules) |
Except as provided in this Decree, matters necessary for the composition and operation of the Council, the working council, and the working sub-council shall be determined by the chairperson following a resolution by the Council.
[This Article Added on Jan. 30, 2024]
| Article 2-7 (Consulting institutions in establishing guidelines for reporting narcotics cases) |
| (1) | "Heads of the relevant central administrative agencies prescribed by Presidential Decree" in Article 2-5 (1) of the Act means the heads of the following central administrative agencies: |
| 1. | The Minister of Economy and Finance; |
| 2. | The Minister of Education; |
| 3. | The Minister of Foreign Affairs; |
| 4. | The Minister of Justice; |
| 5. | The Minister of National Defense; |
| 6. | The Minister of the Interior and Safety; |
| 7. | The Minister of Health and Welfare; |
| 8. | The Minister of Gender Equality and Family; |
| 9. | The Chairperson of the Korea Communications Commission; |
| 10. | The Minister of the Office for Government Policy Coordination; |
| 11. | The Commissioner of the Korea Customs Service; |
| 12. | Prosecutor General; |
| 13. | The Commissioner of the Military Manpower Administration; |
| 14. | The Commissioner General of the Korean National Police Agency; |
| 15. | The Commissioner of the Korea Coast Guard. |
| (2) | The Minister of Food and Drug Safety shall consult with the Director of the National Intelligence Service when he or she intends to establish the guidelines for reporting narcotics cases in the press pursuant to Article 2-5 (1) of the Act. |
[This Article Added on Jul. 2, 2024]
| Article 2-8 (Linkage of narcotics addiction prevention education for youth with school education) |
If the State and a local government formulate and implement policies under Article 2-6 (1) of the Act, they shall include the following matters:
| 1. | Matters necessary for narcotics addiction prevention education for the youth, such as the development of educational contents for the prevention of narcotics addiction pursuant to Article 2-2 (2) of the Act (hereinafter referred to as "narcotics addiction prevention education for the youth"); |
| 2. | Matters necessary for creating a foundation for linking narcotics addiction prevention education for the youth with school education under the Framework Act on Education (hereinafter referred to as "school education"), such as fostering experts for narcotics addiction prevention education for the youth and revitalization of online education platforms; |
| 3. | Other matters necessary for linking narcotics addiction prevention education for the youth with school education. |
[This Article Added on Jan. 30, 2024]
| 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 from the Minister of Food and Drug Safety pursuant to the proviso of 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 public 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; |
| 4. | Where a trader defined in subparagraph 3 of Article 2 of the Foreign Trade Act assists purchase by issuing a certificate of sale of goods; |
| 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 |
| (2) | In any of the following cases, a person may obtain approval for handling psychotropic substances from the Minister of Food and Drug Safety pursuant to the proviso of 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; |
| 4. | Where a trader defined in subparagraph 3 of Article 2 of the Foreign Trade Act assists purchase by issuing a certificate of sale of goods; |
| 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 |
| (3) | The cases where a person may obtain approval for exporting, 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 of subparagraph 7 of Article 3 of the Act shall be as follow: <Amended on Nov. 1, 2016; Mar. 12, 2019; Dec. 9, 2022> |
| 1. | Where a public official handling narcotics for his or her official duties needs cannabis to perform such official duties; |
| 2. | Where an academic researcher handling narcotics needs cannabis to perform his or her academic research; |
| 3. | Where the Korea Orphan and Essential Drug Center under Article 91 of the Pharmaceutical Affairs Act (hereinafter referred to as the "center") imports or trades any of the following cannabis: |
| (a) | Cannabis as a medicine whose urgent introduction is deemed necessary for public health purposes by the Minister of Food and Drug Safety under Article 91 (1) 3 of the Pharmaceutical Affairs Act; |
| (b) | Cannabis as a medicine which a patient requests the Center to import and sell as he or 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 or her disease. |
| 5. | Where a patient enters, or departs from, the Republic of Korea carrying cannabis as a pharmaceutical drug for the purpose of self-treatment. |
| (4) | Matters necessary for applying for approval under paragraphs (1) through (3) shall be prescribed by Prime Ministerial Decree. <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 of 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 prescribed by Prime Ministerial Decree. <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) |
| (1) | "Cases prescribed by Presidential Decree" in Article 5 (3) 5 of the Act means where a person prescribes, administers, or provides for administration of, narcotic drugs or psychotropic substances, not in compliance with the prescribed usage, efficacy and effect, or precautions for use, stated in the certificates of permission for narcotic items; provided, the same shall not apply to cases where the necessity of the use of narcotic drugs or psychotropic substances for treatment of patients or medial feasibility is confirmed. <Added on Dec. 14, 2021> |
| (2) | If the Minister of Food and Drug Safety takes measures such as imposing a prohibition under Article 5 (3) of the Act, he or she shall give a written notice of such fact. <Amended on Mar. 23, 2013; Dec. 14, 2021> |
| (3) | The Minister of Food and Drug Safety shall determine and publicly notify the detailed standards for measures taken under Article 5 (3) of the Act. <Added on Dec. 14, 2021> |
[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 the provisions, with the exception of the subparagraphs, of Article 5-2 (3) 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 or she shall obtain approval from the Minister of Food and Drug Safety, as prescribed by Prime Ministerial Decree. <Amended on Sep. 11, 2018>
[This Article Added 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 of narcotics under that subparagraph; |
| 2. | Members commissioned pursuant to Article 5-3 (3) 2 through 4 of the Act: Two years; provided, the term office of a member newly commissioned due to resignation of a member shall be the remainder of his or her predecessor's term of office. |
[This Article Added 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 or her spouse or his or her former spouse is a party to the relevant agenda (if the party is a corporation, organization, its executive officer or employee shall be included; hereafter in this subparagraph and subparagraph 2 the same shall apply), 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 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 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 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 or 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 Added 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: <Amended on Jan. 30, 2024>
| 1. | Where the member becomes incapable of performing his or her duties due to mental or physical disorder; |
| 2. | Where he or she has committed any misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unfit as a member due to his or her neglect of duty, loss of dignity, or any other reason; |
| 4. | Where the member voluntarily informs that it is difficult to perform his or her duties; |
| 5. | Where the member fails to refrain from deliberation and resolution as required under Article 5-5 (3) even though he or she is subject to disqualification under paragraph (1) of that Article. |
[This Article Added 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) | If the chairperson is unable to perform any of his or her duties due to any unavoidable reason, a member designated by the chairperson, in advance, shall act on behalf of the chairperson. |
| (3) | A majority of the members of the Deliberative Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least 2/3 of the members present. <Amended on Jan. 30, 2024> |
| (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 to appear before committee meetings or to submit opinions or data. |
[This Article Added on Jun. 2, 2020]
| Article 5-8 (Detailed operating rules of Deliberative Committee) |
Except as provided in Articles 5-4 through 5-7, details necessary for the operation shall be determined by the Minister of Food and Drug Safety.
[This Article Added on Jun. 2, 2020]
| Article 6 (Permission for exporting and importing or manufacturing precursors) |
"Precursors prescribed by Presidential Decree" in the former part of Article 6-2 (1) of the Act means the precursors falling under Category 1 of Appendix 8.
[This Article Added on Jun. 7, 2012]
[Title Amended on Mar. 12, 2019]
[Previous Article 6 moved to Article 5 <Jun. 7, 2012>]
| Article 6-2 |
[Previous Article 6-2 moved to Article 5-2 <Jun. 7, 2012>]
| Article 7 Deleted. <Nov. 1, 2016> |
| Article 8 (Designation of Center for Narcotics Information Management) |
| (1) | Pursuant to Article 11-2 (1) of the Act, the Minister of Food and Drug Safety shall designate the Korea Institute of Drug Safety and Risk Management under Article 68-3 (1) of the Pharmaceutical Affairs Act (hereinafter referred to as the "Korea Institute of Drug Safety and Risk Management") as the Center for Narcotics Information Management (hereinafter referred to as the "information center") and shall entrust the business affairs under the subparagraphs of Article 11-2 (1) of the Act to the Information Center. <Amended on Nov. 1, 2016; Jun. 2, 2020; Jan. 30, 2024> |
| (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: <Added 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 Added on Jul. 20, 2015]
| Article 8-2 (Scope of data requested for duties performed by Information Center) |
"Data prescribed by Presidential Decree" in the former part of Article 11-2 (2) of the Act means the following data: <Amended on Feb. 6, 2025>
| 1. | Electronic information data of resident registration under Article 30 (1) of the Resident Registration Act; |
| 2. | Computerized information data under Article 11 (4) of the Act on the Registration of Family Relations; |
| 3. | The following data under the Immigration Act: |
| (a) | Data on records of entry into and departure from the Republic of Korea under Articles 3, 6, 12, and 28 of the Immigration Act; |
| (b) | Data on matters to be registered by foreigners under Articles 31 and 32 of the Immigration Act (including alien registration numbers); |
| 4. | Data on the report of domestic places of residence under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans (including the report numbers of domestic places of residence and matters concerning residing countries); |
| 5. | The following data under the Medical Service Act: |
| (a) | Registers in which matters regarding the licenses of medical doctors, dentists, and oriental medical doctors are registered pursuant to Article 11 (2) of the Medical Service Act; |
| (b) | Prescriptions prescribed in Article 18 (1) of the Medical Service Act; |
| (c) | Medical records under Article 22 (1) of the Medical Service Act or electronic medical records under Article 23 (1) of that Act (limited to personal information of a person who has received medical treatment, main symptoms, and the details of such treatment); |
| (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. |
| 5-2. | The following data under the National Health Insurance Act: |
| a. | Data on facilities, equipment, and human resources of health care institutions under Article 43 of the National Health Insurance Act; |
| b. | Data on medical records, medication information, details of injuries and diseases, and the name of medical care institutions, among the information on the claim and payment of costs of health care benefits under Article 47 of the National Health Insurance Act; |
| 5-3. | Data on medical records, medication information, details of injuries and diseases, and the name of medical benefit institutions, among the information on the claim and payment of medical benefits under Article 11 of the Medical Benefit Act; |
| 5-4. | Data on records related to the treatment of inmates under Article 36 (1) of the Act on Execution of Sentences and Treatment of Inmates; |
| 5-5. | Data on criminal history related to the administration of narcotics from among the criminal history data under subparagraph 5 of Article 2 of the Act on the Lapse of Criminal Sentences; |
| 6. | The following data under the Pharmaceutical Affairs Act: |
| (a) | Registers in which matters regarding the licenses of pharmacists and oriental medicine pharmacists are registered under Article 6 (1) of the Pharmaceutical Affairs Act; |
| (b) | Data concerning the verification of drug information by utilizing the Drug Utilization Review under Article 23-3 (1) of the Pharmaceutical Affairs Act; |
| (c) | Prescriptions retained under Article 29 of the Pharmaceutical Affairs 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); |
| (e) | Data concerning details of supply of drugs under the main clause of Article 47-3 (2) of the Pharmaceutical Affairs Act (Such data shall be limited to narcotics); |
| (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; |
| 7. | The following data under the Veterinarians Act: |
| (a) | License registers in which matters concerning the licenses of veterinarians are registered; pursuant to Article 6 (1) of the Veterinarians Act; |
| (b) | Prescriptions prescribed in Article 12-2 (1) of the Veterinarians 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; |
| 8. | Data on declarations on export, import, or return of goods under Article 241 (1) of the Customs Act (limited to narcotics). |
[This Article Added 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 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 and conduct evaluations thereof on a regular basis; provided, 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 to prevent the divulgence, forgery, alteration, damage 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 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; |
| 4. | Retention and management of records of access to the narcotics information management system, records of use; |
| 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: |
| 1. | Collection, survey, use, provision, analysis of integrated narcotics information prescribed in the provisions, with the exception of the subparagraphs, of Article 11-2 (1) of the Act (hereinafter referred to as "integrated narcotics information"); |
| 2. | Examination of functions of external software and disclosure of the results thereof under Article 11-2 (1) 6 of the Act; |
| 3. | Provision of integrated narcotics information under Article 11-4 (1) of the Act and the proviso of paragraph (2) of that Article; |
| 4. | Processing and utilization of integrated narcotics information under Article 11-5 of the Act; |
| 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 Added on Jun. 2, 2020]
| Article 8-4 (Provision 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; |
| (d) | Ministry of Justice; |
| (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; |
| (j) | Statistics Korea; |
| (k) | Supreme Prosecutors' Office; |
| (l) | Korean National Police Agency; |
| (m) | Korea Coast Guard; |
| (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. | Public institutions: |
| (a) | The National Health Insurance Service provided for in Article 13 of the National Health Insurance Act; |
| (b) | The Health Insurance Review and Assessment Service established under Article 62 of the National Health Insurance Act. |
| (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, 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 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, the same 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 Added 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 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 |
| (3) | The Minister of Food and Drug Safety and the head of the Information Center may request persons provided with statistical data 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, the outcomes thereof, or the like. |
[This Article Added on Jun. 2, 2020]
| Article 9 (Receiving narcotics 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 or 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 or 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 narcotics) |
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 (1) of the Act, he or she shall prepare and provide them. <Amended on May 28, 2024>
| (2) | "Narcotics or psychotropic substances prescribed by Presidential Decree" in the main clause of Article 30 (3) of the Act means fentanyl and its salts prescribed in subparagraph 27 of Appendix 2 (limited to the forms of solid oral preparations and external preparations). <Added on May 28, 2024; Feb. 6, 2025> |
| (3) | “Cases prescribed by Presidential Decree” in Article 30 (3) 3 of the Act means cases where the Minister of Food and Drug Safety recognizes the need to alleviate pain of patients with complex regional pain syndrome or patients with intractable chronic pain equivalent thereto, in accordance with the standard classification of diseases and causes of death prepared and publicly notified under the former part of Article 22 (1) of the Statistics Act. <Amended on Sep. 9 2025> |
| (4) | "Cases prescribed by Presidential Decree" in Article 30 (3) 4 of the Act means any of the following cases: <Added on Sep. 9, 2025> |
| 1. | Where a prescription stating narcotics or psychotropic substances is issued to an inpatient upon discharge for continuous treatment; |
| 2. | Where the narcotics information management system cannot be used due to a physical defect, damage, or computer failure of the narcotics information management system. |
[This Article Wholly Amended on Jun. 7, 2012]
[Title Amended on May 28, 2024]
| Article 12 (Transfer of records) |
Where the representative of a medical institution hands over narcotics under his or 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, 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 or 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 agency 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 Decree of the Ministry of Health and Welfare. <Amended on Nov. 1, 2016; Oct. 17, 2017>
[This Article Wholly Amended on Jun. 7, 2012]
| Article 13-2 (Entry, inspection, and collection) |
"Heads of affiliated organizations prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 41 (1) of the Act means the heads of local food and drug safety offices.
[This Article Added on Sep. 22, 2020]
| Article 14 (Administrative disposition) |
Orders for necessary measures, such as the destruction under Article 42 (1) of the Act, and orders for the revocation of permission, suspension of business, or suspension of handling 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 shall be issued as prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013; Oct. 17, 2017>
[This Article Wholly Amended on Jun. 7, 2012]
| Article 14-2 (Scope of food service business subject to notification of violations) |
"Business prescribed by Presidential Decree" in Article 44-2 (1) 1 of the Act means the general restaurant business, the karaoke tavern business, and the entertainment tavern business under subparagraph 8 (b) through (d) of Article 21 of the Enforcement Decree of the Food Sanitation Act.
[This Article Added on Jul. 2, 2024]
| 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 specified in Appendix 9 in compliance with the criteria for the suspension of business prescribed by Prime Ministerial Decree, 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 or 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) | A person who has received a notice under paragraph (1) shall pay the relevant penalty surcharge to the Minister of Food and Drug Safety, the Mayor/Do Governor, or the receiving institution determined by the head of a Si/Gun/Gu within 20 days: <Amended on Mar. 23, 2013; Nov. 1, 2016; Dec. 12, 2023> |
| (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) | Deleted. <Sep. 24, 2021> |
[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 or her pursuant to the main clause 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 clause 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 clause of Article 46 (4) of the Act and suspend business under Article 44 (1) of the Act, he or 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 Added 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 affiliated 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 or regulations; |
| 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 or 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 |
[Moved to Article 20-6 <Jan. 30, 2024>]
| Article 19 (Transactions of precursors exempt from requirement for record keeping) |
| (1) | The maximum concentration of precursors subject to exemption from the preparation and preservation of records of transactions of precursors pursuant to Article 51 (2) 3 of the Act shall be as specified in Appendix 8. <Added on Jul. 2, 2024> |
| (2) | Transactions of precursors exempt from the requirement for record keeping under Article 51 (2) 4 of the Act shall be as follows: <Amended on Jul. 2, 2024> |
| 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. |
| (3) | The maximum trading volume of precursors which is exempt from the preparation and preservation of transaction records of precursors pursuant to Article 51 (2) 5 of the Act shall be as specified in Appendix 8. <Amended on Jul. 2, 2024> |
[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 Appendix 8 specifies the maximum trading volume of the precursor: The precursor not less than the maximum trading volume; |
| 2. | Where Appendix 8 does not specify the maximum trading volume of the precursor: The relevant precursor. |
[This Article Added on Sep. 23, 2008]
| Article 20 (Kind of precursors subject to approval, and procedures for approval) |
| (1) | Precursors under Category 1 of Appendix 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, 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 clause 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 prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013> |
| (3) | When the Minister of Food and Drug Safety has granted approval upon the application under paragraph (2), he or 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 of 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 <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 20-2 (Programs designed to prevent misuse or abuse of narcotics and to help social rehabilitation of narcotic addicts) |
| (1) | The Minister of Food and Drug Safety may perform the following duties to prevent the misuse and abuse of narcotics and to support the social reintegration of narcotics addicts and the maintenance and protection of their normal daily lives: <Amended on Sep. 9 2025> |
| 1. | Operation of a certification system for professionals engaged in preventing the misuse or abuse of narcotics, etc. and in social rehabilitation programs (referring to social rehabilitation projects under Article 51-2 (1) 2 of the Act; hereinafter the same shall apply); |
| 2. | Development and dissemination of training courses for professionals engaged in preventing the misuse or abuse of narcotics, etc. and supporting the social reintegration of narcotics addicts; |
| 3. | Identification of exemplary cases of training professionals engaged in the prevention of the misuse or abuse of narcotics, etc. and in supporting the social reintegration of narcotics addicts; |
| 4. | Establishment of a foundation and development and dissemination of programs for the prevention of the misuse or abuse of narcotics, etc. and for supporting the social reintegration of narcotics addicts; |
| 5. | Establishment and operation of an information system for the prevention of the misuse or abuse of narcotics, etc. and for supporting the social reintegration of narcotics addicts; |
| 6. | Raising awareness about narcotic addiction and publicity of social rehabilitation programs; |
| 7. | Support for the establishment and operation of rehabilitation centers for drug addicts; |
| 8. | Assisting narcotic addicts in their admission to rehabilitation facilities. |
| 9. | Technical support for private organizations that provide information on the prevention of the misuse or abuse of narcotics, etc. and conduct counseling and management for narcotics addicts; |
| 10. | Provision of vocational training, employment support services, etc. in relation to social rehabilitation programs; |
| 11. | Linking and operating programs with relevant agencies and organizations related to social rehabilitation programs; |
| 12. | Operation of a council consisting of relevant agencies and organizations to perform the duties under subparagraphs 1 through 11. |
[This Article Added on Jan. 30, 2024]
[Previous Article 20-2 moved to Article 20-7 <Jan. 30, 2024>]
| Article 20-3 (Request for provision and processing of data or information) |
| (1) | If the Minister of Food and Drug Safety intends to request data or information for the prevention of misuse or abuse of narcotics and social rehabilitation programs pursuant to Article 51-2 (2) of the Act, he or she shall make such request in writing or by electronic means, including the following matters: |
| 1. | Purpose of request for provision of data or information; |
| 2. | Items of data or information; |
| 3. | Period for retaining and using data or information. |
| (2) | The heads of relevant institutions and organizations in receipt of a request under paragraph (1) may provide the relevant data or information in writing or by electronic means. |
| (3) | If personal information becomes unnecessary with respect to the data or information provided pursuant to paragraph (2) by reasons such as the expiration of the retention period or the achievement of the purpose of processing the personal information, the Minister of Food and Drug Safety shall destroy such personal information without delay in accordance with the Personal Information Protection Act. |
[This Article Added on Jan. 30, 2024]
[Previous Article 20-3 moved to Article 20-8 <Jan. 30, 2024>]
| Article 20-4 (Entrustment of programs designed to prevent misuse or abuse of narcotics and to help social rehabilitation of narcotic addicts) |
| (1) | "Relevant institutions or organizations prescribed by Presidential Decree" in Article 51-2 (7) of the Act means the following institutions or organizations: <Amended on Sep. 9, 2025> |
| 1. | The Korean Association Against Drug Abuse under Article 51-6 (1) of the Act (hereinafter referred to as the "Korean Association Against Drug Abuse"); |
| 2. | The Korea Institute of Drug Safety and Risk Management; |
| 3. | Other institutions or organizations recognized by the Minister of Food and Drug Safety as having expertise in the field of narcotics. |
| (2) | If the Minister of the Food and Drug Safety entrusts duties under Article 51-2 (7) of the Act, they shall publicly notify the contents of the entrusted duties and the entrusted institutions. <Amended on Sep. 9 2025> |
[This Article Added on Jan. 30, 2024]
| Article 20-5 (Events of Narcotics Eradication Day) |
| (1) | The State and local governments may conduct commemorative events for the Narcotics Eradication Day under Article 51-3 (2) of the Act for a specified week or month. <Amended on Jan. 30, 2024> |
| (2) | In cases of conducting commemorative events for the Narcotics Eradication Day under Article 51-3 (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. <Amended on Jan. 30, 2024> |
[This Article Added on Oct. 17, 2017]
[Moved to Article 2-2 <Jan. 30, 2024>]
| Article 20-6 (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 51-5 (1) of the Act, such person shall be commissioned from among any of the following persons: <Amended on Mar. 23, 2013; Jan. 30, 2024> |
| 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 or regulations; |
| 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 relevant 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. |
| (2) | The scope of business affairs of honorary instructors for narcotics under Article 51-5 (1) of the Act shall be as follows: <Amended on Jan. 30, 2024> |
| 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, 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 the budget. <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> |
| 1. | Where he or she violates the provisions of Article 3 of the Act; |
| 2. | Where he or she leaves, or is dismissed from, the relevant organization or where he or she is disqualified as a member of the same organization; |
| 3. | Where he or she has aroused public criticism for an unlawful act in connection with his or her duties as an honorary counselor for narcotics; |
| 4. | Where it is impracticable for him or her to perform his or her duties due to illness or injury |
| (6) | Except as provided in this Decree, details 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]
[Moved from Article 18 <Jan. 30, 2024>]
| Article 20-7 (Operation 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 51-6 (6) of the Act. <Amended on Mar. 23, 2013; Jan. 30, 2024> |
| (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 or 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 or she may request the head of the Korean Association Against Drug Abuse to submit materials concerning the following matters: <Amended on Mar. 23, 2013; Jan. 30, 2024> |
| 1. | Matters regarding the programs set forth in Article 51-6 (1) of the Act; |
| 2. | Matters regarding the details of spending the financial support provided in accordance with Article 51-6 (5) of the Act. |
[This Article Wholly Amended on Jun. 7, 2012]
[Moved from Article 20-2 <Jan. 30, 2024>]
| Article 20-8 (Content and methods of wastewater-based epidemiological survey of narcotics use behaviors) |
| (1) | Pursuant to Article 51-7 of the Act, the details of a survey to estimate and analyze the narcotics use behaviors by collecting wastewater from a public sewage treatment plant, etc. defined in subparagraph 9 of Article 2 of the Sewerage Act (hereinafter referred to as "wastewater-based epidemiological survey of narcotics use behaviors") shall be as follows: |
| 1. | Monitoring of types of narcotics, detection quantity, etc. and the current status of narcotics use; |
| 2. | Matters regarding estimating and analyzing regional and temporal narcotics consumption based on wastewater collection; |
| 3. | Other matters deemed necessary by the Minister of Food and Drug Safety for a wastewater-based epidemiological survey of narcotics use behaviors. |
| (2) | The Minister of Food and Drug Safety may conduct a wastewater-based epidemiological survey of narcotics use behavior by means of literature surveys, field surveys, or other methods determined by the Minister of Food and Drug Safety. |
| (3) | “Relevant agencies or organizations prescribed by Presidential Decree” in the former part of Article 51-7 (3) of the Act means the following agencies or organizations: <Added on Sep. 9 2025> |
| 1. | National or public research institutes; |
| 2. | Government-funded research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 3. | Government-funded research institutes in the field of science and technology established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 4. | Specific research institutes under Article 2 of the Specific Research Institutes Support Act; |
| 5. | Schools under Article 2 of the Higher Education Act; |
| 6. | Corporate-affiliated research institutes accredited under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act; |
| 7. | Research institutes incorporated under the Civil Act or other statutes; |
| 8. | Academic societies incorporated under the Civil Act that conduct research on wastewater-based epidemiology or narcotics; |
| 9. | Other agencies or organizations recognized by the Minister of the Food and Drug Safety as having expertise in the field of investigation into the use of narcotics with wastewater-based epidemiology. |
| (4) | If the Minister of the Food and Drug Safety entrusts duties under the former part of Article 51-7 (3) of the Act, the Minister shall give public notice of the contents of the entrusted duties and the entrusted institutions. <Added on Sep. 9 2025> |
[This Article Added on Feb. 6, 2025]
[Previous Article 20-8 moved to Article 20-9 <Feb. 6, 2025>]
| Article 20-9 (Substances subject to hazard assessment) |
"Substances prescribed by Presidential Decree" in Article 52-2 of the Act means the following:
| 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 Added on Mar. 12, 2019]
[Moved from Article 20-8 <Feb. 6, 2025>]
| 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 or 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 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 Prime Ministerial Decree. <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 relevant City/Do by its revenue stamps; provided, the Mayor/Do Governor may have it paid by means of electronic currencies, electronic settlement 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 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 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 or she shall publicly announce a selection plan including the following matters for at least 30 days: |
| 1. | Matters regarding the details, period of collection and destruction projects; |
| 2. | Matters regarding the methods, procedures 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 or 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 for selecting participants in collection and destruction projects shall be determined and publicly notified by the Minister of Food and Drug Safety. |
[This Article Added 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 of personnel dedicated to collection and destruction projects; |
| 2. | Expenses incurred in establishment, operation of facilities or equipment necessary for collection and destruction projects; |
| 3. | Expenses incurred in transportation, destruction 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 Added 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 Decree 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). |
| (2) | Notwithstanding Article 2 (1) 3 of the Enforcement Decree of the Civil Petitions Treatment Act, an application under paragraph (1) may be filed under an anonymous or fictitious name. In such cases, the head of the agency acknowledging the crime shall verify reasons why an anonymous or fictitious name must be used. <Amended on Feb. 12, 2016> |
| (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 prescribed by Decree of the Ministry of Justice. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 25 (Payment of monetary rewards) |
| (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, in case only narcotics are confiscated without the arrest of the criminal in question, rewards may be paid as prescribed by Decree of the Ministry of Justice. |
| (2) | Monetary rewards under Article 54 of the Act shall be paid within the budget, up to the aggregate of collected charges and domestic wholesale prices of seized goods, or the aggregate of estimated amount of charges to be collected and domestic wholesale prices of seized goods, as prescribed by Decree of the Ministry of Justice. <Amended on Dec. 9, 2022> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 26 (Monetary reward payment report and reward ledger) |
Where the Minister of Justice pays the monetary rewards under Article 54 of the Act, he or she shall keep and maintain a monetary reward payment report and a monetary reward ledger as prescribed by Decree 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 or she shall be regarded as a separate person handling narcotics or an exporter, importer of precursors by permission, in applying provisions governing such person handling narcotics, or such exporter, importer of precursors (hereinafter referred to as "exporter, importer 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) | 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. <Added on Mar. 12, 2019> |
| (2) | The Minister of Food and Drug Safety shall delegate the following authority to the head of a local food and drug safety office pursuant to Article 56 of the Act: <Amended on Mar. 23, 2013; Nov. 1, 2016; Mar. 12, 2019; Dec. 14, 2021; Jan. 30, 2024> |
| 1. | Permission or modified permission for academic researchers handling narcotics under Article 6 (1) 4 of the Act; |
| 1-2. | Permission or modified permission for exporters, importers, or manufacturers of precursors under Article 6-2 (1) of the Act; |
| 1-3. | Entry of particulars of academic researchers handling narcotics or exporters, importers 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 of business of handling narcotics or precursors from academic researchers handling narcotics or exporters, importers of precursors under Article 8 of the Act; |
| 3. | Approval for transfer of narcotics under Article 9 (2) 1 and (3) 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 of 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> |
| 9. | Order for and disposition of the destruction of narcotics under Article 42 of the Act; |
| 10. | Affairs concerning orders to submit business reports under Article 43 of the Act; |
| 11. | Revocation of permission for academic researchers handling narcotics or exporters, importers 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 of precursors under Article 46 of the Act; |
| 12. | Disposal of illegal narcotics under Article 47 of the Act; |
| 13. | Commissioning, decommissioning, and management of honorary counselors for narcotics under Article 51-5 of the Act and Article 20-6 of this Decree; |
| 14. | Education for exporters and importers of narcotics, manufacturers of narcotics, users of narcotics as raw materials, academic researchers handling narcotics and exporters, importers of precursors under Article 50 of the Act, and issuance of education completion certificates; |
| 14-2. | Acceptance of reports under Article 51 (3) of the Act; |
| 15. | Imposition and collection of administrative fines on academic researchers handling narcotics or exporters, importers of precursors under Article 69 of the Act. |
| (3) | Deleted. <Jan. 30, 2024> |
| (4) | Deleted. <Jan. 30, 2024> |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 28-2 (Management of Sensitive Information and Personally Identifiable Information) |
Where unavoidable 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 or her affairs or delegates his or her authority pursuant to Article 8 (1) or 28), the head of a local food and drug safety office, a Mayor/Do Governor, or the head of a Si/Gun/Gu (if the relevant authority is delegated or entrusted, including a person delegated or entrusted with such authority), 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 manage information on health under Article 23 of the Personal Information Protection Act (hereinafter referred to as "health information"), information constituting criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act (hereinafter referred to as "criminal history information"), and data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of that Enforcement Decree; provided, health information and criminal history information shall be excluded in cases of performing affairs referred to in subparagraphs 4, 5, 7, and 16, and criminal history record shall be excluded in cases of performing affairs referred to in subparagraph 6-2. <Amended on Mar. 23, 2013; Mar. 12, 2019; Dec. 10, 2019; Sep. 22, 2020; Dec. 20, 2022; Jan. 30, 2024>
| 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; |
| 2. | Affairs concerning permission for handling narcotics under Article 6 of the Act; |
| 3. | Affairs concerning permission for exporting and importing or manufacturing precursors under Article 6-2 of the Act; |
| 4. | Affairs concerning issuance and registration of certificates of permission under Article 7 of the Act; |
| 5. | Affairs concerning reports on business closure under Article 8 of the Act; |
| 6. | Affairs concerning approval for transferring or acquiring narcotics under Article 9 of the Act; |
| 6-2. | Affairs concerning reports on narcotics handling under Article 11 of the Act; |
| 6-3. | Affairs concerning collection, survey, use and provision of information under Article 11-2 of the Act; |
| 7. | Affairs concerning dealing with narcotics involved in accidents under Article 12 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; |
| 10. | Affairs concerning treatment and protection of narcotic addicts under Article 40 of the Act; |
| 11. | Affairs concerning entry, inspection, collection under Article 41 of the Act; |
| 12. | Affairs concerning orders for destruction under Article 42 of the Act; |
| 13. | Affairs concerning business reports under Article 43 of the Act; |
| 14. | Affairs concerning revocation of permission under Article 44 of the Act; |
| 15. | Imposing and collecting penalty surcharges prescribed in Article 46 of the Act; |
| 16. | Affairs concerning inspectors for narcotics under Article 48 of the Act; |
| 17. | Affairs concerning control of precursors under Article 51 of the Act; |
| 18. | Affairs concerning honorary counselors for narcotics under Article 51-5 of the Act; |
| 19. | Affairs concerning collection of data on narcotics under Article 52 of the Act; |
| 20. | Affairs concerning disposal of confiscated narcotics under Article 53 of the Act; |
| 20-2. | Affairs concerning selection and management of participants in collection and destruction projects under Article 53-2 of the Act; |
| 21. | Affairs concerning payment of rewards under Article 54 of the Act. |
[This Article Wholly Amended on Jun. 7, 2012]
| Article 28-3 Deleted. <Mar. 3, 2020> |
| Article 29 (Imposition and collection of administrative fines) |
The standards for imposition of administrative fines pursuant to Article 69 (1) of the Act shall be as specified in Appendix 10.
[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. |
| (2) | (Repeal of other statutes or regulations) The Enforcement Decree of the Narcotics Act, the Enforcement Decree of the Psychotropic Substances Control Act, and the Enforcement Decree of the Cannabis Control Act shall be repealed, respectively. |
| (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. |
| (4) | Omitted. |
ADDENDA <Presidential Decree No. 17110, Jan. 27, 2001>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | Omitted. |
ADDENDUM <Presidential Decree No. 17431, Dec. 19, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18078, Jul. 30, 2003>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Appendix 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, the amended provisions of subparagraph 24 of Appendix 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 8 Omitted.
Article 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 4 Omitted.
Article 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 Appendices 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 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. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso omitted.)
Article 2 Omitted.
ADDENDA <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 Appendices 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 Appendix 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 of narcotics)
A person who has been already handling substances (Nine types, including methylenedioxypyrovalerone) added as psychotropic substances under the amended provisions of Appendix 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 5 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, the amended provisions of Articles 42 and 43 of Appendix 4 shall enter into force six months after its promulgation.
Article 2 (Preparation for applying for permission)
| (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 Appendix 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 Appendix 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 Appendix 4, he or 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, 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 4 Omitted.
Article 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 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 Appendices 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.
ADDENDUM <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, 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 Appendices 1 through 6: Promulgation date of this Decree; |
| 2. | Amended provisions of Articles 7, 9, and 12, proviso of subparagraph 1 of Article 12-2, Article 28, and Appendix 10: Enforcement date of the Narcotics Control Act (Act no. 13331) |
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 Appendix 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 Appendix 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, 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 7 Omitted.
Article 8 Omitted.
ADDENDUM <Presidential Decree No. 28395, Oct. 17, 2017>
This Decree shall enter into force on October 19, 2017; provided, 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, the amended provisions of subparagraphs 1 and 1-2 of Article 28-2, and Appendices 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.
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
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. 32219, Dec. 14, 2021>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 5 shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 33053, Dec. 9, 2022>
This Decree shall enter into force on December 11, 2022.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33855, Nov. 7, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 34173, Jan. 30, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on February 17, 2024; provided, the amended provisions of the following subparagraphs shall enter into force on the date specified in the relevant subparagraph.
| 1. | The amended provisions of Articles 2-2 and 20-5: Aug. 17, 2024; |
| 2. | The amended provisions of Article 2-7: Aug. 9, 2024; |
| 3. | The amended provisions of Article 28 (2) 3 and (3) and (4) of that Article: Feb. 9, 2024. |
Article 2 (Special cases concerning master plans and implementation plans for narcotics control)
Notwithstanding the amended provisions of Article 2-2, the Prime Minister may separately determine the deadline for submission of a master plan and an annual implementation plan for narcotics control formulated for the first time after this Decree enters into force.
ADDENDUM <Presidential Decree No. 34534, May 28, 2024>
This Decree shall enter into force on June 14, 2024.
ADDENDUM <Presidential Decree No. 34667, Jul. 2, 2024>
This Decree shall enter into force on Jul. 3, 2024; provided, the amended provisions of Article 2-8 of the partially amended Enforcement Decree of the Narcotics Control Act (Presidential Decree No. 34173) shall enter into force on Aug. 9, 2024; the amended provisions of Article 14-2 shall enter into force on Aug. 7, 2024; and the amended provisions of Article 19 (1) and Appendix 8 shall enter into force on August 17, 2024.
ADDENDUM <Presidential Decree No. 35252, Feb. 6, 2025>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 11, 20-8, 20-9 and Appendix 10 shall enter into force on February 7, 2025.
ADDENDUM <Presidential Decree No. 35707, Aug. 12, 2025>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of item 83 in Appendix 6 shall enter into force 6 months after its promulgation.
ADDENDUM <Presidential Decree No. 35742, Sep. 9, 2025>
This Decree shall enter into force on October 2 2025; provided, the amended provisions of Article 11 shall enter into force on September 19 2025.