Customs attorney, what exactly does a notification disposition mean?

Hello, this is a customs attorney.

A notification disposition is an administrative measure imposed by customs when the Customs Act is violated. Put simply, it is a notice requiring payment of an amount corresponding to a fine, goods subject to confiscation, or a collection of equivalent value.

A notification disposition is a system that provides an opportunity to voluntarily resolve the matter at a stage before it leads to criminal punishment. An important point is that a notification disposition is not recorded as a criminal record.

In other words, if you receive this disposition and pay the fine or the collection of equivalent value within the set deadline, the case is concluded without a court judgment, and it does not remain as a separate criminal record.

It is a measure whereby, although a Customs Act violation is acknowledged, the matter is judged to be minor, and the case is concluded at the customs investigation stage on the condition that the fine and the collection of equivalent value are paid.

In addition, there are monetary standards for a notification disposition. The standards for calculating the fine and the collection of equivalent value for the frequently at-issue ‘crime of smuggling’ are as follows.

① Fine: 20% of the cost of the goods, which may be mitigated or aggravated

② Collection of equivalent value: approximately 1.7 to 2 times the cost of the goods (this may be lower depending on the customs duty rate of the goods)

If you ignore this or fail to pay, customs will file an accusation with the prosecutors' office regarding the case, and it will then move on to criminal litigation procedures.

In this case, you may face a criminal trial beyond a fine, and there is also a possibility that a criminal record will remain.

Therefore, if you have received a notification disposition, do not dismiss it as a mere notice, and it is safer to accurately confirm the payment deadline and amount stated in the disposition document and to comply promptly.

Since future procedures and outcomes may vary greatly depending on the nature of the notification disposition and the method of response, a legal review of the precise facts and the details of the violation is necessary.

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