Article 1(Purpose) #
The purpose of this Act is to provide for matters delegated by the Narcotics Act and those necessary for its enforcement.
[This Article Newly Inserted by Presidential Decree No. 14293, Jun. 28, 1994]
Article 1-2(Narcotics) #
(1) Narcotics referred to in of Article 2 (1) 2 of the Narcotics Act (hereinafter referred to as the “Act”) shall be as follows enlisted in annexed Table 1.
(2) Narcotics referred to in Article 2 (1) 3 of the Act shall be as follows enlisted in annexed Table 2.
[This Article Wholly Amended by Presidential Decree No. 6805, Aug. 9, 1973]
Article 2(Narcotics Handling by Persons Other than Narcotics Handlers) #
Other cases in which any person other than competent narcotics handler may handle narcotics pursuant to subparagraph 5 of Article 4 of the Act mean the cases falling under any of the following subparagraphs, and any person who desires to obtain approval from the Administrator of the Korea Food and Drug Administration shall submit a written application according to attached form No. 1 to the Administrator of the Korea Food and Drug Administration: <Amended by Presidential Decree No. 14293, Jun. 28, 1994; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998>
1. Where a medicine manufacturer, etc. handles them for a clinical study to obtain an item license of narcotics, psychologic medicines or extranarcotics or handles them to manufacture or prepares specimens;
2. Where a medicine manufacturer, etc. handles them to test the goods for quality control;
3. Where a public official handles narcotics inevitably in the line of official duty; and
4. Where an A-Class trade agent under the Foreign Trade Act offers for sale and purchase by issuing a certificate of goods sale under the same Act.
[This Article Wholly Amended by presidential Decree No. 12873, Dec. 30, 1989]
Article 3(Prohibition of and Restriction on Narcotics Handling) #
The prohibition of and restriction on narcotics referred to in Article 5 (3) of the Act shall be restricted only to cases where they fall under any of the following subparagraphs, and the disposition shall be notified in writing: <Amended by Presidential Decree No. 12873, Dec. 30, 1989>
1. Where it is deemed not necessary to import narcotics in consideration of their quantity demanded and holding amount;
2. Where it is deemed not necessary to prepare, process or subdivide a kind of narcotics into the same kind;
3. Where it is deemed that narcotics have been abused above the appropriate capacity; and
4. Where it is deemed to be likely to cause physical and mental dependence by administering narcotics or providing them for administration for a long time or continuously.
Article 4(Handling of Raw Materials for Narcotics) #
(1) Exceptional cases in which a person may handle raw materials for narcotics pursuant to the proviso of subparagraph 3 of Article 6 of the Act mean the cases as enumerated in the following subparagraphs:
1. Where an academic researcher handling narcotics desires to handle them only in the amount required for his research; and
2. Where a person desires to handle them in connection with his official duty.
(2) A person who desires to obtain approval from the Administrator of the Korea Food and Drug Administration under the provisos of subparagraphs 3 and 5 of Article 6 of the Act shall submit a written application for approval for the handling of raw materials for narcotics according to attached form No. 2 to the Administrator of the Korea Food and Drug Administration.
[This Article Wholly Amended by Presidential Decree No. 15905, Oct. 2, 1998]
Article 4-2(Raw Materials for Manufacturing Narcotics) #
The raw materials for narcotics which are prohibited from manufacturing, importing, exporting, selling and buying, offering for sale and purchase, receiving and delivering, possessing or owning pursuant to subparagraph 6 of Article 6 of the Act shall be as follows enlisted in annexed Table 3.
[This Article Newly Inserted by Presidential Decree No. 14293, Jun. 28, 1994]
Article 5(Application for License) #
(1) Any person who desires to obtain a license for narcotics handler pursuant to subparagraph 1, 2 or 7 of Article 7 of the Act shall submit a written application according to attached form No. 3 to the Administrator of the Korea Food and Drug Administration, and any person who desires to obtain a license for narcotics handler pursuant to subparagraph 3, 4 or 6 of Article 7 of the Act shall submit a written application according to attached form No. 3 to the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do governor (hereinafter referred to as the “Mayor/Do governor”). The same shall also apply in case where he intends to modify the licensed matters. <Amended by Presidential Decree No. 12873, Dec. 30, 1989; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998; Presidential Decree No. 15905, Oct. 2, 1998>
(2) Notwithstanding the provisions of paragraph (1), any person who falls under subparagraphs 3 and 4 of Article 7 of the Act and who desires to obtain a license as a narcotics handler at the same time as the application for registration of establishment of pharmacy under the Pharmaceutical Affairs Act may substitute an application for license for narcotics handler by specifying the purport to be desired to obtain the license for narcotics handler in the application for registration of establishment of pharmacy. <Amended by Presidential Decree No. 8868, Mar. 3, 1978>
[This Article Wholly Amended by Presidential Decree No. 7675, Jun. 27, 1975]
Article 6(License) #
A license for narcotics handler referred to in Article 8 of the Act shall be according to attached form No. 4.
[This Article Wholly Amended by Presidential Decree No. 8158, Jun. 14, 1976]
Article 7(Notice of License) #
A license for narcotics handler referred to in Article 8 shall be posted in the place of business.
Article 8(Specifications of Sale and Purchase) #
(1) Forms for purchase and sale of narcotics referred to in Article 8 of the Act shall be according to attached form No. 5.
(2) The forms referred in paragraph (1) shall be issued and delivered by the Mayor/Do governor, and the forms for receipt and transfer according to attached form No. 6 and delivery books according to attached form No. 7 shall be prepared and kept. <Amended by Presidential Decree No. 12873, Dec. 3, 1989>
Article 9(Application for Delivery of Forms for Purchase and Sale) #
(1) Any person who desires to have the forms for purchase and sale of narcotics issued by the Mayor/Do governor delivered pursuant to Article 13 of the Act shall submit a written application according to attached form No. 8 to the competent Do governor. <Amended by Presidential Decree No. 8490, Mar. 14, 1977; Presidential Decree No. 12873, Dec. 30, 1989>
(2) Deleted. <by Presidential Decree No. 15905, Oct. 2, 1998>
Article 10(Approval for Transfer of Narcotics Possessed by Disqualified Person) #
Where a person who is disqualified from the handling of narcotics under Article 16 (1) of the Act obtains approval for the transfer of narcotics in his possession, he shall submit a written application for approval for the transfer of narcotics according to attached form No. 9 to the competent license authorities.
[This Article Wholly Amended by Presidential Decree No. 15905, Oct. 2, 1998]
Article 11(Storage of Narcotics) #
The storage places for narcotics referred to in Article 17 of the Act shall be located in the place of business.
Article 12(Seal Stamps) #
(1) The seal stamps of narcotics referred to in Article 18 of the Act shall be according to attached form No. 15.
(2) Deleted. <by Presidential Decree No. 15905, Oct. 2, 1998>
[This Article Wholly Amended by Presidential Decree No. 14293, Jun. 28, 1994]
Article 13(Handling of Seal Stamps) #
(1) The seal referred to in Article 18 (1) of the Act shall be sealed up for the contents not to be taken out without breaking the seal. <Amended by Presidential decree No. 14293, Jun. 28, 1994>
(2) Any person who handles the seal stamps shall bookkeep transactions according to attached form No. 16 and specify the receipts and transfers in them.
(3) The seal stamps which are darted or damaged shall not be used.
(4) The seal stamps which are unusable referred to in paragraph (3) shall be submitted to the Administrator of the Korea Food and Drug Administration accompanied by a written report according to attached form No. 17. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998>
Article 14(Application for Delivery of Seal Stamps) #
Any person who desires to have the seal stamps of narcotics issued by the Government delivered pursuant to Article 18 (1) of the Act shall submit a written application according to attached form No. 18 to the Administrator of the Korea Food and Drug Administration. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998; Presidential Decree No. 15905, Oct. 2, 1998>
Article 15(Receipt and Delivery of Unsealed Narcotics) #
(1) The cases in which the unsealed narcotics may be received and delivered pursuant to the proviso of Article 19 of the Act shall be as follows: <Amended by Presidential Decree No. 15905, Oct. 2, 1998>
1. Where they are received and delivered with approval under Article 16 (1) of the Act; and
2. Where a scientific researcher handling narcotics desires to receive and deliver the products or semi-finished products for scientific research or for research and test required for public duty.
(2) In case of paragraph (1) 2, a written application according to attached form No. 19 shall be submitted to the Administrator of the Korea Food and Drug Administration. <Amended by Presidential Decree No. 7675, Jun. 27, 1975; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998>
Article 16(Preparation and Transfer of Narcotics) #
Where any narcotics retailer prepares and transfers narcotics in accordance with the prescriptions pursuant to Article 34 of the Act, the prescriptions shall be restricted to those as issued by medical personnel handling narcotics in the Special Metropolitan City or a Metropolitan City or a Do (hereinafter referred to as the “City/ Do”) in which the place of business is located. <Amended by Presidential Decree No. 12873, Dec. 30, 1989; Presidential Decree No. 15905, Oct. 2, 1998>
Article 17(Medication of Narcotics) #
Where any medical personnel handling narcotics delivers narcotics for medication pursuant to Article 36 of the Act, he shall deliver the prepared narcotics.
Article 18 #
Deleted.<by Presidential Decree No. 6805, Aug. 9, 1973>
Article 19(Transfer of Records) #
Where the narcotics are handed over pursuant to Article 40 (2) and (3) of the Act, the records referred to in Articles 14 (2), 37 (3) and 38 (2) of the Act shall also be handed over.
Article 20(Use of Narcotics for Narcotics Addicts) #
(1) The medication of narcotics referred in the proviso of Article 48 of the Act shall be restricted to the case where the director of a treatment and protection institution licensed from the Administrator of the Korea Food and Drug Administration referred to in Article 50 (1) of the Act deems particularly necessary in consideration of the symptoms of addicts. <Amended by Presidential Decree No. 13045, Jul. 6, 1990; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998>
(2) Any director of a treatment and protection institution who desires to obtain a license as referred to in paragraph (1) shall submit a written application according to attached Form No. 20 to the Administrator of the Korea Food and Drug Administration or the Mayor/Do governor. <Amended by Presidential Decree No. 7675, Jun. 27, 1975; Presidential Decree No. 13645, Jul. 6, 1990; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998>
Article 21 #
Deleted.<by Presidential Decree No. 13045, Jul. 6, 1990>
Article 22 #
Deleted.<by Presidential Decree No. 13045, Jul. 6, 1990>
Article 23 #
Deleted.<by Presidential Decree No. 13045, Jul. 6, 1990>
Article 24 #
Deleted.<by Presidential Decree No. 13045, Jul. 6, 1990>
Article 25 #
Deleted.<by Presidential Decree No. 13045, Jul. 6, 1990>
Article 26 #
Deleted.<by Presidential Decree No. 6805, Aug. 9, 1973>
Article 27(Administrative Dispositions and Orders) #
The dispositions and orders referred in Articles 53 and 54 of the Act shall be taken or issued in writing.
Article 27-2 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 27-3(Basis for Calculation of Penalty) #
The amount of the penalty referred to in Article 53-3 (2) of the Act shall be calculated by applying the standards in annexed table 4 in accordance with the standards for disposition of business suspension as determined by the Ordinance of the Ministry of Health and Welfare, taking account of the category, degree, etc. of the offense. <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
[This Article Newly Inserted by Presidential Decree No. 14293, Jun. 28, 1994]
Article 27-4(Imposition and Collection Procedures of Penalty) #
(1) Where the Administrator of the Korea Food and Drug Administration or the Mayor/Do governor intends to impose a penalty pursuant to Article 53-3 of the Act, he shall specify, the category of the offense and the amount of the penalty in question in writing and notify to pay it. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998>
(2) The collection procedures of the penalty shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
[This Article Newly Inserted by Presidential Decree No. 14293, Jun. 28, 1994]
Article 28(Narcotics Inspectors) #
(1) Narcotics inspectors referred to in Article 55 of the Act shall be appointed from among those falling under any of the following subparagraphs and those who are public officials belonging to him by the Administrator of the Korea Food and Drug Administration or the relevant Mayor/Do governor: <Amended by Presidential Decree No. 7675, Jun. 27, 1975; Presidential Decree No. 12873, Dec. 30, 1989; Presidential Decree No. 14293, Jun. 28, 1994; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15732, Feb. 28, 1998; Presidential Decree No. 15905, Oct. 2, 1998>
1. A person who has obtained a bachelor’s degree in the department of law and its related department or department of pharmacy and its related department at a college or university as stipulated in the Higher Education Act;
2. A person who has a career in engaging in the affairs on pharmaceutical administration for not less than 1 year; and
3. A person who has a career in engaging in the affairs on public health administration at a public health agency for not less than 1 year.
(2) The scope of function of narcotics inspectors shall be as follows: <Amended by Presidential Decree No. 12873, Dec. 30, 1989; Presidential Decree No. 13045, Jul. 6, 1990; Presidential Decree No. 14293, Jun. 28, 1994>
1. Surveillance, entry, inspection and supervision on narcotics handlers and narcotics dealer shops;
2. Removal of narcotics and narcotics-related drugs for the quality control of narcotics and extra-narcotics preparations; and
3. Treatment and protection of narcotics addicts.
[This Article Wholly Amended by Presidential Decree No. 6805, Aug. 9, 1973]
Article 28-2(Honorary Narcotics Advisor) #
(1) Such honorary narcotics advisors as may be required pursuant to Article 55-2 (1) of the Act shall be commissioned by the Administrator of the Korea Food and Drug Administration, the Mayor/Do governor, or the head of Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) from among the persons who fall under any of the following subparagraphs:
1. Persons who have been granted a bachelor’s degree or higher under the Higher Education Act or who are recognized to have equivalent or higher scholarly attainments under other Acts and subordinate statutes;
2. Persons who are recommended by the head of a consumer-related association, youth-related association, or medicine-related society or association (hereinafter referred to as the “related association”) from among the members or employees of the related association;
3. Persons who have a career in the affairs related to health administration at a public health government office for one year or more; and
4. Persons who have a career in the affairs of investigation concerning narcotics for one year or more.
(2) The scope of duties of honorary narcotics advisors shall be as follows:
1. Public relations and enlightenment to prevent the misuse and abuse of narcotics; and
2. Report and provision of data on violations of the Narcotics Act.
(3) The terms of office of honorary narcotics advisors shall be two years, but they may be reappointed: Provided, That the persons commissioned under paragraph (1) 2 may be reappointed only upon the request of the head of the related association.
(4) The Administrator of the Korea Food and Drug Administration, the Mayor/Do governor, or the head of Si/Gun/Gu may, within the limit of the budget, provide honorary narcotics advisors with such expenses as may be needed for their activities.
(5) The Administrator of the Korea Food and Drug Administration, the Mayor/Do governor, or the head of Si/Gun/Gu shall decommission the honorary narcotics advisors who fall under any of the following subparagraphs:
1. Those who violate the provisions of Article 6 of the Act, Article 3 of the Psychotropic Drugs Control Act, or Article 4 of the Cannabis Control Act;
2. Those who are retired or dismissed from, or disqualified for, the membership of the related association;
3. Those who bring on public criticism for unjust conduct in connection with their duties as honorary narcotics advisors; or
4. Those who have difficulty in performing their duties as honorary narcotics advisors due to disease or injury.
(6) Other than the matters prescribed by this Decree, the detailed matters necessary for the management of honorary narcotics advisors shall be determined by the Administrator of the Korea Food and Drug Administration, the Mayor/Do governor, and the head of Si/Gun/Gu.
[This Article Newly Inserted by Presidential Decree No. 15905, Oct. 2, 1998]
Article 29(Drawing up of Record on Transaction of Raw Materials for Narcotics) #
The minimum volume of transaction of raw materials, the record of which shall be drawn up and kept at the time of import, export, receipt and delivery or sale and purchase pursuant to the main sentence of Article 55-4 (1) of the Act shall be as follows enlisted in annexed Table 5. <Amended by Presidential Decree No. 15905, Oct. 2, 1998>
[This Article Newly Inserted by Presidential Decree No. 14293, Jun. 28, 1994]
Article 30(Legal Transaction) #
“Where the transaction is determined by the Presidential Decree” referred to in Article 55-4 (1) 4 of the Act means cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 15905, Oct. 2, 1998>
1. In the case of import: where a certificate of manufacture and sale issued by the Government of producer country is affixed;
2. In the case of export: where a certificate of export issued by the Government of the Republic of Korea is affixed; and
3. In the case of receipt and delivery, and sale and purchase: where it is transacted directly with the State or the local government.
[This Article Newly Inserted by Presidential Decree No. 14293, Jun. 28, 1994]
Article 31 #
Deleted.<by Presidential Decree No. 12873, Dec. 30, 1989>
Article 32(Transfer of Confiscated Narcotics) #
(1) Where the narcotics confiscated pursuant to Article 57 of the Act are transferred, the head of the agency shall prepare and affix a transfer list according to attached form No. 24.
(2) A receipt according to attached form No. 25 shall be issued on the received narcotics, and a receipt and transfer book according to attached form No. 25 shall be prepared and kept.
Article 33(Destruction of Confiscated Narcotics) #
Where the confiscated narcotics are destroyed pursuant to Article 57 (2) of the Act, they shall be burnt up.
Article 34(Disposition of Confiscated Narcotics) #
(1) Other necessary dispositions on the confiscated narcotics referred to in Article 57 (2) of the Act mean the cases as enumerated hereunder, where are deemed necessary to grant thereto by the Mayor/Do governor: <Amended by Presidential Decree No. 12873, Dec. 30, 1989; Presidential Decree No. 15905, Oct. 2, 1998>
1. Where they are restricted to the required quantity for scientific research handling narcotics or for testing in the line of official duty; and
2. Where the narcotics are in accordance with the provisions of the Act, which are to be resupplied and redemanded.
(2) Any person who desires to have the required volume pursuant to paragraph (1) 1 supplied shall submit on application form according to attached form No. 27 to the Mayor/Do governor. <Amended by Presidential Decree No. 7576, Jun. 27, 1975; Presidential Decree No. 12873, Dec. 30, 1989>
(3) In taking dispositions referred to in paragraph (1) 2, the Mayor/Do governor shall designate the transferee. <Amended by Presidential Decree No. 12873, Dec. 30, 1989>
(4) Any person who desires to take over in case of paragraph (3) shall pay the price as assessed by the Mayor/Do governor in revenue certificate stamps of the local government in question to the City/Do. <Amended by Presidential Decree No. 12873, Dec. 30, 1989>
Article 35(Information) #
(1) Information on the crimes on narcotics referred to in Article 58 of the Act may be lodged anonymously or under a false name.
(2) Where the crimes on narcotics referred to in Article 58 of the Act are confessed orally, the public official who has been informed about these shall prepare an information protocol.
[This Article Wholly Amended by Presidential Decree No. 14293, Jun. 28, 1994]
Article 36(Application for Payment of Reward) #
(1) Where any person, who has informed or lodged an accusation against the crimes on narcotics before they are detected or who has arrested criminals, desires to have a reward referred to in Article 58 of the Act given, he shall submit a written application according to attached form No. 28 accompanied by the documents of any of the following subparagraphs to the Minister of Justice: <Amended by Presidential Decree No. 5210, Jul. 20, 1970; Presidential Decree No. 6805, Aug. 9, 1973; Presidential Decree No. 12873, Dec. 30, 1989>
1. Certification of informer, accuser or arrester by the head of the agency which has perceived the crimes; and
2. Duplicate copy of final judgment, duplicate copy of written indictment or certification of disposition not to institute a public prosecution.
(2) An application referred to in paragraph (1) may, notwithstanding Article 2 of the Enforcement Decree of the Civil Petitions Treatment Act, may be made anonymously or under cover of a false name. In this case the causes shall be certified by the head of the agency which has perceived the crimes. <Amended by Presidential Decree No. 12873, Dec. 30, 1989; Presidential Decree No. 15905, Oct. 2, 1998>
Article 37(Payment of Reward) #
(1) A reward to the person who has made an application for the payment of the reward pursuant to Article 36 shall be paid within the limit of the budget, not more than the amount of a fine, an additional imposition by the duplicate copy of a final judgement submitted by him and the domestic wholesale price of forfeits or confiscated goods added together, under the conditions as determined by the Ordinance of the Ministry of Justice: Provided, That where the person subject to payment is a public official who is engaged in the investigative affairs of narcotics crimes, it shall not exceed 25/100 of the amount of a fine, an additional imposition and the domestic wholesale price of forfeits or confiscated goods added together.
(2) Where the prosecution has taken a disposition not to institute a public prosecution against the case in which the application for the payment of the reward is made pursuant to Article 36, the reward may be paid within the limit of the budget, taking account of the merits of the informer, accuser or arrester, degree of the crime and other circumstances under the conditions as determined by the Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 12873, Dec. 30, 1989]
Article 38(Reward Payment Protocol and Book) #
The Minister of Justice shall, in paying the rewards, prepare and keep a reward payment protocol according to attached form No. 29 and a payment book according to attached form No. 30, and shall specify the payment situations therein. <Amended by Presidential Decree No. 6805, Aug. 9, 1973; Presidential Decree No. 12873, Dec. 30, 1989>
Article 39 #
Deleted.<by Presidential Decree No. 15905, Oct. 2, 1998>
Article 40 #
Deleted.<by Presidential Decree No. 15905, Oct. 2, 1998>
Article 41(Concurrence of Licenses) #
Where an identical person has obtained not less than class B of licenses for narcotics handlers, he shall, in applying the provisions on the narcotic handlers, be deemed as individual narcotics handler by license, respectively.
Article 42 #
Deleted.<by Presidential Decree No. 15905, Oct. 2, 1998>