Pubdate: Tue, 10 Oct 2006
Source: Korea Times (South Korea)
Copyright: 2006 The Hankookilbo
Contact:  http://times.hankooki.com/
Details: http://www.mapinc.org/media/916
Author: Sean Hayes
Note: American Attorney Sean Hayes is a law professor at  Kookmin University
and a Researcher at the  Constitutional Court.

LAW LEAVES LITTLE ROOM FOR ENTRAPMENT ARGUMENT

Dear Professor Hayes: I was the victim of entrapment. I  was viewing 
a message board about concerts in Seoul.  One posting on the board 
said that they were interested  in knowing where to purchase 
marijuana. I heard of a  person who sold marijuana near Hongik 
University so I  left my e-mail and said we can go together and 
purchase  the marijuana together. When we arranged a meeting it  was 
the police. I am facing time in jail,  embarrassment, and a lot of 
costs. I looked up the word  in an English dictionary and I think 
this is  entrapment. Can you use this type of argument in Korea?

Worried-Korean College Student.

Dear Worried: First, as you know, the drugs laws in  Korea are very 
strict, and all Korean and foreigners  should refrain from 
associating with people who use  drugs, going to establishments were 
drugs are sold or  used, and using any form of illegal drugs, 
including  marijuana. Many first time marijuana users have spent  time in jail.

Over the years in Korea, I have seen too many naive  young people 
caught with drugs in their possession or  within their system. If you 
are intent on using drugs,  leave Korea.

You will eventually be caught and the punishment will  be, at a 
minimum, a large legal bill and/or large fine.  If you are a 
foreigner don't expect to work in Korea  in the near future.

Secondly, Worried, yes in Korea you can argue the  defense of 
entrapment. The key to the defense is the  successful assertion by 
the defendant that he or she  was induced to commit the crime and 
that he or she was  not predisposed to committing the crime.

The Korean Supreme Court clarified this rule in a case  disposed of 
in the Fall of 2005. The Court acknowledged  that entrapment likely 
occurred in a case that  concerned a paid informant and the smuggling 
of drugs  from China to Korea. The informant, according to the 
defendants, asserted that the importation of the drugs  was to assist 
the government efforts to fight drug  trafficking. The defendants 
further contended that  consistent persuasion of the informant led to 
them  accepting and assisting in trafficking drugs. The  prosecution 
essentially agreed with most of the  defendants asserted facts, but 
contended that the  defendants were predisposed to committing the 
crime and  thus had the requisite intent.

The Supreme Court, in short, acknowledged that the  defendants may 
have been induced and the prosecutor's  argument of predisposition to 
the commit the crime was  not proven.

So yes, worried, it is a possible defense in Korea, but  in your case 
you will fight an up hill battle. The  inducement is minimal, at 
best, and the prosecutors  will have a decent argument that your were 
predisposed  since they didn't engage in any positive persuasion  and 
that your curiosity and knowledge of where to  purchase drugs proves 
your disposition. Worried, in  most cases, the best solution to 
similar cases is to  hire a very good lawyer, cooperate with the 
police and  prosecutor and pray to the almighty God.
- ---
MAP posted-by: Elaine