Yongsan Attorney | A Yongsan Attorney Obtains a Suspension of Indictment for a Client Referred to Prosecution for Failing to Record Narcotics Use

2024.12.19박동일

The Yongsan attorney's client came to the Yongsan law firm stating that he had used narcotics to treat patients but had been referred to prosecution because he failed to record them. With the Yongsan attorney's assistance, the client was able to obtain a suspension of indictment.

1. The Client Who Came to the Yongsan Attorney

The client who came to the Yongsan attorney requested assistance at the Yongsan Daeryun Law Firm, stating that he had used narcotics to treat patients but had been referred to prosecution because he had not recorded them properly.

2. The Circumstances of the Client Who Came to the Yongsan Attorney

The client who came to the Yongsan attorney was the director of a hospital, and we listened in detail to the circumstances that brought him in.

The client frequently used ‘Anepol Injection,’ which is treated as a narcotic, while performing surgery on patients,

Under the Narcotics Control Act, a narcotics handler must report the use of narcotics through the ‘Narcotics Integrated Management System.’

Because the client was advanced in age, he found the system inconvenient to use, and he decided to record the entries by hand and register them all at once later.

However, ‘Anepol Injection’ was a medication he used only once every few months at most, and although he recorded it by hand each time, he forgot that he had to register it in the system.

The public health center with jurisdiction over the hospital, upon learning of this fact, filed an accusation, and after the client was examined as a suspect, the case was referred to the prosecution.

Statutes Applicable to the Yongsan Attorney's Client

The Yongsan attorney's client had simply failed to register the use of the medication in the system, so what statute applies and what punishment would he face?

Act on the Control of Narcotics, Etc.

Article 11 (🔗Narcotics Handling Report) ① A narcotics handler or a person approved to handle narcotics shall report to the Minister of Food and Drug Safety the name, quantity, date of handling, place of purchase, remaining stock, serial number of, and the name of the counterparty to (where the subject of dispensing or administration of a narcotic or psychotropic drug is an animal, this means the owner or manager thereof) any narcotic or psychotropic drug that has been imported or exported, manufactured, sold, acquired, transferred, purchased, used, disposed of, dispensed, administered, or provided for administration, or used for academic research.

Article 44 (Revocation of Permission, Etc. and Suspension of Business) ① Where a narcotics handler, a person approved to handle narcotics, or a raw material importer or exporter, etc. falls under any of the following subparagraphs, the relevant permitting authority may revoke the permission (including product permission), designation, or approval granted under this Act, or may order the suspension of all or part of the relevant business or the handling of narcotics and raw materials within the scope of one year.

(i) Where the person fails to report or makes a false report in violation of Article 11

Article 63 (Penalty Provisions) ① A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.

6. A person who handles narcotics in violation of Article 11 (1)

Under the Narcotics Control Act, the client could have received a disposition barring him from handling narcotics or suspending his business, and as to punishment, he was at risk of imprisonment for not more than two years or a fine not exceeding twenty million won.

3. The Yongsan Attorney's Representation of the Client

The Yongsan attorney proceeded with the representation as follows in order to prevent the client's punishment.

Yongsan Attorney, Emphasizing That the Client Used the Medication Very Infrequently

The Yongsan attorney's client admitted the criminal facts in this case and was repentant about having failed to manage the matter properly.

However, the client used the medication in question very infrequently, at a rate of about one instance every several months. In addition, the client was a first-time offender with no prior criminal record.

Yongsan Attorney, Emphasizing That the Client Had Recorded All the Medications Used

The Yongsan attorney's client had merely failed to report to the system; he had recorded all of the medications used during the surgical procedures truthfully by hand in a ledger.

The client therefore did not deeply consider that it would be a problem, and as soon as he learned that his failure to do so could be a legal issue, he digitized the records and reported them to the system.

4. The Disposition of the Yongsan Attorney's Client

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After hearing the Yongsan attorney's representation, the prosecution issued a “suspension of indictment” disposition to the client.

A suspension of indictment refers to a prosecutor deciding not to indict, and the prosecution issued this disposition on the grounds that the reporting omission did not appear to be for a criminal purpose, that the frequency of use was low, and that he reported to the system as soon as he learned that it was unlawful.

Like the Yongsan attorney's client, one may come to face punishment without any intention to break the law but out of ignorance of the law. If you find yourself in a situation like this case and need assistance, please reach out to Daeryun Law Firm at any time.

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