Customs attorney, what exactly does notification disposition mean?

Hello, this is the customs attorney.

A notification disposition is an administrative measure imposed by customs when violating the Customs Act, and simply put, it is a notification to pay an amount equivalent to a fine, an item subject to confiscation, or an additional collection.

Notification disposition is a system that gives an opportunity to voluntarily resolve the issue at the stage before leading to criminal punishment. The important point is that notification disposition is not recorded as a criminal record.

In other words, if you receive this disposition and pay the fine or additional collection within the prescribed period, the case is concluded without a court ruling and does not remain as a separate criminal record.

It is a measure to terminate the case at the customs investigation stage on condition of payment of fines and additional collections, after acknowledging the fact of customs law violation but judging the matter as minor.

There are also amount-based standards for notification disposition. The fine and additional collection calculation criteria for the commonly problematic "smuggling" are as follows.

① Fine: 20% of the goods' original price, with possibility of reduction or aggravation

② Additional collection: approximately 1.7 to 2 times the goods' original price (may be lower or higher depending on the customs rate of the goods)

If you ignore or do not pay this, the customs will refer the case to the prosecution and the criminal lawsuit procedure will follow.

In this case, you may face criminal trial beyond a fine sentence, and there is also a possibility of having a criminal record.

Therefore, if you received a notification disposition, please do not pass it off as a notice but accurately check the payment deadline and amount stated in the disposition document and promptly fulfill it for safety.

Since future procedures and results may vary greatly depending on the nature of the notification disposition and response method, legal review of accurate facts and violation contents is necessary.

In particular, if it is an unjust matter or there is room for dispute over the notification disposition itself, please note that it is a wise choice to determine the response direction with the assistance of a customs attorney.