국문 KR 영문 EN

Related News

• 
  Blogs

  First-Time Drug Offense in Korea: When Are Deferred Prosecution and Suspended Sentence Possible?

  Legal Issues in First-Time Drug Offense Cases In Korean drug offense cases, being a first-time offender can be a favorable factor. However, it does not automatically lead to deferred prosecution or a suspended sentence. Prosecutors and courts consider a range of factors, including the type of drug involved, the nature of the conduct, the number of uses, whether the case involved distribution or sale, and how the suspect responds during the investigation. This article explains when deferred prosecution and suspended sentences may be possible in first-time drug offense cases in Korea, and why early response during the investigation stage can significantly affect the outcome.   Penalties Depending on the Type of Conduct The Narcotics Control Act of Korea classifies drug offenses based on the type of substance and the nature of the conduct. Even within the same drug-related case, the level of punishment can vary greatly depending on what the person is alleged to have done. Simple use or possession is generally assessed based on the type of drug, number of uses, whether there is a pattern of repeated use, and whether the person has any prior drug-related record. Involvement in transfer, delivery, or sale may be viewed more seriously than simple use. In these cases, how the substance was delivered, whether there was payment, and the person’s level of involvement become important issues. Drug sales or brokerage for profit are usually treated as more serious offenses. Depending on the substance and the degree of involvement, heavy statutory penalties may apply. For marijuana-related conduct, Article 61 of the Narcotics Control Act provides that certain acts involving marijuana may be punishable by imprisonment for up to five years or a fine of up to KRW 50 million. Although simple use or possession is generally treated less severely than sale, brokerage, or distribution-related conduct, the final outcome may still vary depending on the drug type, frequency of use, evidence of habitual use, and the suspect’s attitude during the investigation.   When a First-Time Offender May Still Face Imprisonment Even if it is a first offense, imprisonment may still be imposed where aggravating circumstances are present. For example, the court may take a stricter view where the case involves repeated use of highly addictive substances, transfer or sale to another person, denial of the allegations despite clear evidence, concealment of evidence, or another criminal charge being prosecuted together with the drug offense. In these circumstances, the court may choose imprisonment over a suspended sentence. This is why it is important to clearly present favorable circumstances from the earliest stage of the case. A first-time offender status alone is rarely enough. The defense must show why the case should be treated as an isolated incident and why the risk of reoffending is low.   When the Case May End Without Trial: Deferred Prosecution Deferred prosecution is a discretionary decision by the prosecutor. It means that the prosecutor recognizes the alleged offense but decides not to indict the suspect. Under Article 247 of the Criminal Procedure Act, prosecutors have discretion in deciding whether to bring charges. In practice, several factors are considered together. Deferred prosecution may be more likely where the suspect has no prior drug-related record, the conduct was limited to short-term use, the case involved personal use only, there was no transfer, recommendation, sale, or distribution to others, the suspect admits the facts and cooperates with the investigation, and there is a clear willingness to receive treatment or prevent recurrence. Family support, employment, stable residence, and other social ties may also be relevant because they can help show a lower risk of reoffending. However, even if these factors exist, deferred prosecution is never guaranteed. What matters is how concretely these circumstances are explained and supported with materials during the investigation stage.   When the Case Goes to Trial: Suspended Sentence If the prosecutor files charges, a suspended sentence may still be possible. Article 62(1) of the Criminal Act allows the court to suspend the execution of a sentence for a period of one to five years where the sentence is imprisonment or imprisonment without labor for up to three years, or a fine of up to KRW 5 million, and where there are circumstances favorable to the defendant. In drug cases, courts consider both favorable and unfavorable factors. These may include whether the defendant has prior drug-related convictions, the number of offenses, the type and addictiveness of the substance, the level of reflection, whether the defendant has received counseling or treatment, family or community support, age, occupation, and overall living environment. A sincere apology alone is usually not enough. Courts tend to look for concrete signs of rehabilitation, such as treatment records, counseling participation, a prevention plan, and evidence that the defendant has stable social support. The court makes its decision by weighing all relevant circumstances. No single factor is determinative, but the overall presentation of the case can strongly influence the result.   Why Early Response During the Investigation Stage Matters In first-time drug offense cases, the dividing line between imprisonment, suspended sentence, and deferred prosecution is often shaped during the investigation stage. Statements made during police or prosecutor questioning, the scope of admission, timing of cooperation, willingness to receive treatment, and the materials submitted to the authorities can all affect the direction of the case. Preparing only after questioning has already taken place may limit the available defense strategy. In many cases, it is more effective to review the facts, organize the expected issues, and prepare supporting materials before appearing for questioning. Treatment records, counseling records, family support statements, employment records, and a concrete plan to prevent recurrence can be important materials in showing rehabilitation potential.   If You Have Been Contacted by Korean Investigators For a first-time drug offense in Korea, deferred prosecution or a suspended sentence is not automatic. The outcome often depends on how the case is handled from the beginning. The drug crime defense team at DECENT Law Firm assists clients from the early investigation stage through trial, including case analysis, preparation for questioning, legal opinion submissions, and sentencing strategy. If you have been contacted by Korean investigators or have received a summons for questioning, it is important to review your situation before attending the interview. This content is provided for general informational purposes only and does not constitute legal advice for any specific case.  

  2026-06-01
• 
  Blogs

  False Naver Blog Posts Targeting Your Business in Korea: How to Request Removal

  When Online Defamation Affects Your Business in Korea In South Korea, Naver remains one of the most influential online platforms for search, blogs, and reputation management. For businesses operating in Korea, what appears on Naver can directly affect customer trust, business inquiries, and brand credibility. In recent years, some businesses have discovered Naver blog posts that mention their company or brand name together with words such as “scam,” “fraud,” or “victim warning.” These posts may appear professional and persuasive, even when the underlying facts are inaccurate, misleading, or unrelated to the business itself. For foreign-owned companies or international businesses operating in Korea, this type of reputational damage can be especially difficult to detect and respond to. The content may be written in Korean, indexed on Naver, and viewed as credible by local customers before the company becomes aware of it. Under the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Network Act”), a business whose reputation or other rights have been infringed online may request deletion of the content or temporary blocking of access to the content.   Applicable Law ▪️Article 44-2 of the Network Act: Deletion Requests and Temporary Measures Article 44-2(1) of the Network Act provides that a person whose rights, including privacy or reputation, have been infringed through information distributed via an information and communications network may request the relevant service provider to delete the information or publish a rebuttal. Under Article 44-2(2), once such a request is received, the service provider must take necessary measures, such as deletion or temporary blocking, without delay and notify both the requester and the person who posted the content. Where it is difficult to determine whether a rights infringement has occurred, or where a dispute between the parties is expected, Article 44-2(4) allows the service provider to temporarily block access to the content. The duration of such temporary measures may not exceed 30 days. ▪️Criminal Liability for Online Defamation If an online post contains false statements of fact that damage another person’s or company’s reputation, Article 70(2) of the Network Act may apply. The statutory penalty is imprisonment for up to seven years, disqualification for up to ten years, or a fine of up to KRW 50 million. Even if the statements are true, Article 70(1) may still apply if the post was made with intent to defame. In that case, the statutory penalty is imprisonment for up to three years or a fine of up to KRW 30 million.   Category Legal Basis Possible Penalty Defamation by false statements of fact Network Act, Article 70(2) Up to 7 years’ imprisonment or KRW 50 million fine Defamation by true statements of fact Network Act, Article 70(1) Up to 3 years’ imprisonment or KRW 30 million fine Civil damages Civil Act, Article 750 Compensation for financial and reputational harm Criminal liability depends on the specific content, context, and intent behind the post. However, a business may still pursue platform-level removal or temporary blocking even where the criminal threshold is not yet clear.   Key Legal Issues ▪️Scope of Defamation Under Article 44-2 The standard for requesting deletion or temporary blocking under Article 44-2 is broader than the standard for criminal defamation under Article 70 of the Network Act or Article 307 of the Criminal Act. In practice, the key issue is whether the online post infringes the company’s rights, including its reputation. It is not always necessary to prove criminal intent at the initial platform reporting stage. For example, if a Naver blog post places a company’s brand name next to terms such as “scam” or “fraud,” while the actual content concerns an unrelated impersonator or third party, the overall impression created for ordinary readers may still be misleading. In some cases, this may support a removal or temporary blocking request. Evidence of reputational harm is also important. Businesses should preserve records showing the impact of the post, such as customer complaints, cancelled inquiries, KakaoTalk messages, emails, screenshots, call logs, and changes in online search results. ▪️What Happens If the Poster Files an Objection If the person who posted the content files an objection, the temporary blocking may remain in effect for 30 days from the date the objection is received. After that period, the post may be restored. In that situation, the affected business may consider filing a defamation mediation request with the Korea Communications Standards Commission’s Internet Harm Relief Center. If mediation is successful, the settlement may have an effect similar to a civil settlement agreement.   The Limits of Platform Reporting Alone Filing a removal request through Naver’s Rights Protection Center is an important first step, but it may not fully resolve the problem. If the poster files an objection, the content may be restored. If similar posts are uploaded again under different accounts or URLs, each post must usually be addressed separately. Where harmful posts are being published repeatedly or systematically, platform reporting alone may not be enough. In such cases, a formal letter of demand issued in the name of a Korean law firm, together with potential criminal complaints or civil damages claims, may be more effective. How Decent Law Firm Can Assist Responding to false or misleading online content in Korea requires more than simply submitting a platform report. Businesses must consider the wording of the removal request, the legal basis for rights infringement, the preservation of evidence, and the possibility of further civil or criminal action. Decent Law Firm assists businesses with each stage of this process, including removal requests, formal letters of demand, Korea Communications Standards Commission proceedings, criminal complaints, and civil damages claims where appropriate. If you have identified Naver blog posts or other online content that may be harming your business in Korea, please share the relevant URLs and a brief explanation of the impact. We will review the matter and advise on the most appropriate course of action. ※ This content is provided for general informational purposes only and does not constitute legal advice in relation to any specific matter.  

  2026-05-28
• 
  Blogs

  Sexual Grooming Offenses and Article 15-2 of Korea's Juvenile Protection Act

  Recent years have seen a sharp rise in cases involving the online sexual grooming of minors through social media platforms such as Twitter (X) in South Korea. Article 15-2 of the Act on the Protection of Children and Youth from Sexual Abuse (hereinafter "the Act") was enacted in March 2021 and amended in April 2025. Criminal liability can arise even where no in-person meeting or sexual act takes place.   Applicable Law Article 15-2 of the Act prohibits the following conduct by any person aged 19 or older targeting a child or youth: Repeatedly or continuously engaging in sexually explicit conversations likely to cause humiliation or disgust, or inducing or soliciting a child or youth to engage in sexual conduct. The statutory penalty is imprisonment of up to three years or a fine of up to 30 million Korean won. The April 2025 amendment introduced two significant changes. First, a new paragraph 2 was added covering conduct targeting children under the age of 16. Under this provision, prosecutors are no longer required to prove sexual exploitation as the purpose — the conduct itself is sufficient for criminal liability. This substantially lowers the evidentiary burden for investigators. Second, a new paragraph 3 was added explicitly criminalizing attempted offenses. This means that even where no actual meeting or sexual conduct occurs, criminal liability can still attach.   Category Key Content Penalty Repeated sexually explicit messaging (Art. 15-2 §1-1) Sending sexually explicit messages repeatedly Up to 3 years imprisonment or fine up to KRW 30 million Inducement or solicitation (Art. 15-2 §1-2) Proposing meetings or sexual acts Same Victims under 16 (§2, added 2025) No proof of purpose required Same Attempted offenses (§3, added 2025) Includes undercover officer scenarios Punishable as attempt Source: National Law Information Center, Act on the Protection of Children and Youth from Sexual Abuse, Art. 15-2 (amended April 22, 2025)   Key Legal Issues ​​​​​​​▪️Criminal Liability When the Other Party Is an Undercover Officer Following the April 2025 amendment, Article 15-2 paragraph 3 now explicitly provides for the punishment of attempted offenses. Even where the other party was an undercover police officer and no actual meeting or sexual conduct occurs, there is a clear statutory basis for prosecution. While sentencing courts may consider mitigating factors, avoiding criminal liability altogether is difficult. ​​​​​​​▪️Awareness of the Victim's Age Investigators assess whether the suspect was aware — or reasonably should have been aware — that the other party was a minor. Beyond direct statements of age, circumstantial evidence such as writing style, references to school life, and the nature of the platform used can all be relied upon to establish that awareness. ▪️Digital Forensics and Additional Charges When a suspect is investigated for this offense, law enforcement will typically seize and forensically examine their mobile device. In practice, this process has led to additional charges being filed based on unrelated material discovered on the device. Where further offenses come to light, the case may proceed to full criminal trial rather than being resolved through fines or non-indictment dispositions.   Sentencing Trends Given that this provision was only recently enacted, there is limited case law to draw from. Based on cases handled to date, matters involving first-time offenders where no actual sexual conduct occurred have in some instances been resolved through fines or non-indictment dispositions. However, outcomes vary significantly depending on how the suspect responds during the investigation, the quality of early legal representation, and the results of forensic examination. As courts continue to handle cases under the amended law, sentencing trends may shift.   Decent Law Firm Cases involving online sexual grooming offenses require careful analysis across multiple areas: review of the full conversation history, assessment of age awareness, management of the forensic examination process, and application of the attempt provisions under the amended law. The criminal defense team at Decent Law Firm has been advising clients on matters under the Act on the Protection of Children and Youth from Sexual Abuse from the earliest stages of investigation. If you have received contact from law enforcement or been issued a notice to appear for questioning, it is important to obtain legal advice before responding to investigators or confirming an interview date.  

  2026-05-26