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A friend ran afoul of Korean law... ref: illicit substances.
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chaz47



Joined: 11 Sep 2003

PostPosted: Tue Dec 15, 2009 10:42 pm    Post subject: A friend ran afoul of Korean law... ref: illicit substances. Reply with quote

A friend of mine is in a bit of predicament. They were given to the police as part of a mj circle. No possession of anything, but by Korean law merely testing positive equals possession.

Anyway, this person doesn't have a Dave's account so I'm asking on their behalf.

They are getting the typical Korean bureaucratic run around where three different governmental agencies are saying three different things. This individual was told they have an exit ban, then that they didn't have an exit ban, then that if they pay the fine they may seek employment in Korea next year. ( I highly doubt this is actually possible given that one in trouble in their home country for a DUI a decade ago can be denied a teaching visa but..)

As you can see this person needs some serious advice so if you or someone you know can help please do. The situation is a bit dire because on the advice of one of the above confusing Korean agencies they purchased a ticket home but now may not be able to leave... due to the exit ban which may or may not exist.

( Interestingly enough this whole situation began with another teacher mailing the stuff to themself from home while on vacation. Upon arrival in Korea the package was spotted and followed. The sender's Korean significant other was home and signed for the package. The Korean police then swept in and the Korean who signed for the package sang like a canary. Many people were named and arrested.

The original couple involved in the delivery have since been sent home. The Korean informant who signed for the package paid-off the judge, or more likely, their family did. Regardless, these original people are free and clear and my friend who was simply present and inhaled is being put through the ringer... so... yep, HELP! )
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proustme



Joined: 13 Jun 2009
Location: Nowon-gu

PostPosted: Tue Dec 15, 2009 10:57 pm    Post subject: Reply with quote

How old is your friend?
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Ramen



Joined: 15 Apr 2008

PostPosted: Tue Dec 15, 2009 10:58 pm    Post subject: Reply with quote

Tell him/her to get a lawyer. Let the lawyer do the talking.
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chaz47



Joined: 11 Sep 2003

PostPosted: Tue Dec 15, 2009 10:59 pm    Post subject: Reply with quote

Ramen wrote:
Tell him/her to get a lawyer. Let the lawyer do the talking.


They have a court-appointed Korean lawyer. He's very nice and speaks English but is not so good at actually being useful or available when needed.
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whome?



Joined: 13 Nov 2009

PostPosted: Tue Dec 15, 2009 11:07 pm    Post subject: Reply with quote

It is worth spending 200,000 won for an outside attorney consult. Have all of your questions prepared, contact someone, sit down for 60 mins and get the answers. Ask for specific citations of applicable laws.

Out of curiosity, if a korean gets busted for drugs etc, do they round up every Korean in that person's phone book and test them? Do they need a warrant to test Koreans but not foreigners?
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tired of LA



Joined: 06 Nov 2006
Location: Seoul

PostPosted: Tue Dec 15, 2009 11:23 pm    Post subject: Reply with quote

whome? wrote:
It is worth spending 200,000 won for an outside attorney consult. Have all of your questions prepared, contact someone, sit down for 60 mins and get the answers. Ask for specific citations of applicable laws.

Out of curiosity, if a korean gets busted for drugs etc, do they round up every Korean in that person's phone book and test them? Do they need a warrant to test Koreans but not foreigners?


They need warrants to test foreigners just as they need them to test Koreans. However, if you don't tell the police no, you need a warrant, then they don't need one.

Also, an initial consult with a lawyer should be free and not cost you a dime. Even the English speaking firms will offer an initial consultation free of charge.
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proustme



Joined: 13 Jun 2009
Location: Nowon-gu

PostPosted: Wed Dec 16, 2009 12:01 am    Post subject: Reply with quote

Sometimes good things happen to good people!

These are definitely people you don't want to be associated with. Too late regarding that, apparently. I suspect you may have known about his drug use, considering your astonishment at his arrest for simply being present and inhaling! I hope these druggies get banned from Korea or jailed here for a long time. What buffoons. They have got to live by their choices.

I recently had to get finger printed in Korea for an in-country criminal record report. I hope this becomes standard. A criminal check from someone's home country isn't enough anymore, because people like your friend will probably try to reenter and teach/work in Korea hoping arrest records here won't show up.

Hopefully you've learned a lesson, too, about how the Korean police will check associates -- especially foreigners -- of the arrested.
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madoka



Joined: 27 Mar 2008

PostPosted: Wed Dec 16, 2009 12:21 am    Post subject: Re: A friend ran afoul of Korean law... ref: illicit substan Reply with quote

chaz47 wrote:
The Korean informant who signed for the package paid-off the judge, or more likely, their family did.


Well, if it's that simple, why doesn't your friend also just pay off the judge? Rolling Eyes
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conrad2



Joined: 05 Nov 2009

PostPosted: Wed Dec 16, 2009 3:57 am    Post subject: Reply with quote

Your friend is not currently in custody? He should get out of here asap and dont look back and feel lucky that they dont throw the book at him and make him do serious time.
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T-dot



Joined: 16 May 2004
Location: bundang

PostPosted: Wed Dec 16, 2009 4:22 am    Post subject: Reply with quote

If they test positive=guilty of possession

There is no way around this. It will also depend on the amount found, they could conceivably tie your friend to drug smuggling; guilt by association.

1) They will try to get your friend to roll on other friends to make a deal. Dont listen, its all crap.

2) You can hire a good lawyer that handles these kinds of cases ie. min. of 10,000,000 won. And you can try to fight this. If you fight this your friend will be stuck in a detention centre with all the other people awaiting trial for drug possession, trafficking etc.. He will not be allowed to leave. If he wins, then he should get awarded a few bucks and should be able to remain and work in Korea.

3) You can plead guilty and accept the punishment. If they are nailing you on possession, then it will most likely be a deportation. They wont have a chance to gather their things and will be escorted to the airport as soon as he can get funds to buy a ticket. Smuggling is a different story.

Get your friend a good lawyer![u] Ive heard of a few cases where foreigners got the royal shaft because they couldnt afford a decent lawyer.[/u
]

PS, Im assuming your friend knows he's not exactly the brightest bunny in the forest.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Dec 16, 2009 5:11 am    Post subject: Reply with quote

Just wait till AES gets wind of this.

Yeeehoooow!!!!!!!!!!
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Wed Dec 16, 2009 5:26 am    Post subject: Reply with quote

Get a good lawyer as advised (yes it is costly) or if your friend cannot afford one then plead guilty and get deported
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0916



Joined: 26 Dec 2007

PostPosted: Wed Dec 16, 2009 6:02 am    Post subject: Reply with quote

Out of interest, how do they do the tests? Blood, Urine or Hair? It could show in your hair from 9 months ago even if you had only been in Korea 3 months!
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Wed Dec 16, 2009 6:06 am    Post subject: Reply with quote

Your friend has no hope of working in Korea again, now that his name has been entered into their system.

I don't think the penalty would be too harsh for having THC traces in his bloodstream. Talk to a lawyer, get a quote for their services and decide whether its worth just taking the punishment.

I would just work with the court appointed lawyer, take whatever punishment is handed and leave the country wiser.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Wed Dec 16, 2009 6:47 am    Post subject: Reply with quote

VRF...that is sound advice and well balanced as well. I am impressed.
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