Pubdate: Mon, 24 Apr 2006
Source: Korea Times (South Korea)
Copyright: 2006 The Hankookilbo
Contact:  http://times.hankooki.com/
Details: http://www.mapinc.org/media/916
Bookmark: http://www.mapinc.org/find?420 (Cannabis - Popular)

SAY NO TO DRUGS; IT'S SAFER IN KOREA

Dear Sean Hayes: I am an English teacher from Canada  who was 
arrested for being in an apartment where  marijuana was found. We 
were all hauled down to the  police department and tested for 
marijuana. We all  tested positive and I was deported by immigration 
and  my friends are still facing criminal charges. Please  inform 
others of the law so others won,t receive the  same fate as us.

Unemployed in Vancouver.

Dear unemployed: A word to the wise to all recreational  drug users 
in Korea: either stop what you are doing or  return to your home 
country. The use of drugs in Korea  is a serious offence and the law 
enforcement  authorities will eventually catch you.

If you are guilty of violating a narcotics law and are  picked up by 
law enforcement, it is highly unlikely  that you won't be convicted. 
The conviction rate for  narcotics violations, including marijuana, 
is over 99%.  So heed my advice.

For those that refuse to heed my advice, the Control of  Narcotics 
Act may punish those that use drugs  habitually or for profit making 
by imprisonment for not  less than 10 years in jail, for life or even 
receive  the death penalty.

Lesser punishment is proscribed by the Act for lesser  crimes. The 
minimum you will receive for the possession  of drugs in your system 
or on your personage is a  severe fine and probable deportation. Yes, 
you heard me  correct, you can be punished for having consumed a 
controlled substance and law enforcement personnel may  test you for 
the presence of a controlled substance. In  fact, over 60% of those 
arrested in 2005 were charged  with use.

Testing for controlled substances: If you are not  caught with a 
controlled substance on your personage  you may be able to legally 
refuse to submit to a drug  test, but in practice they will test you. 
The test is  generally a hair sample. The hair sample will be 
able  to be submitted into evidence, since the hair sample is  "real 
evidence," which is not excludable under  Korean law. Accordingly, if 
you violate the law and you  are picked up by law enforcement they 
usually have you  red handed.

48-hour detention: Additionally, the prosecution may  hold you for 48 
hours without charging you. After 48  hours the prosecution must 
bring you in front of a  judge to officially charge you and/or extend 
the detention time.

Questioning by law enforcement: Next, when the  prosecution or the 
police question you after you are  charged, you may refuse to answer 
questions beyond  certain biographical information and ask for the 
presence of an attorney (Korean Constitution Art.  12(4)). If you are 
arrested for the use or possession  of drugs it is essential that 
contact an attorney.

American attorney Sean Hayes is a Professor of Law at  Kookmin 
University and a researcher for the  Constitutional Court.
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MAP posted-by: Jay Bergstrom