Huffington Post Korea
By Heo Wan
On the 17th of October, the Korean embassy in Canada took the unusual step of disseminating some unusually stern information via Twitter. A tweet they published with the unusual subject matter of “illegal behaviour”, “the law” and “punishment” received 3,000 retweets:
“[Information relating to the legalisation of marijuana] From tomorrow, recreational marijuana will become legal across Canada. Although using marijuana will be legal in Canada, Korean citizens must be careful that they will be not disadvantaged [by Korean law] for smoking, purchasing, possessing or transporting marijuana.”
From midnight on Monday the 17th, marijuana consumption has been legalised across Canada. Canada is the first G7 country and the second country in the world after Uruguay to legitimise marijuana usage.
The Korean government, including the Korean Embassy in Canada and the police, has been busy. The [Korean] Consulate General of the State of Toronto held a meeting with [Korean] international students and youth related to the legalisation of marijuana for recreation on the 19th of October. The meeting was attended by agents, education officials, and tourism industry officials. [A press release said]:
“Minister Jeong Taein invited attendees to encourage overseas Koreans to view marijuana as a curiosity in Canada and not to be punished under Korean law. Also, Song Yuntae, a lawyer specialising in criminal law and Gim Hae, the counselor of the Canadian Women’s Association of Canada, undertook a Q&A session explaining the contents of the law legalising illegal marijuana in Canada.”
The consulate general also posted a notice, “Safety Travel Information”:
“Marijuana legislation has been implemented across Canada since October 17, 2018. However, this only means that it is allowed in Canada; marijuana use is still illegal in the laws of the Republic of Korea. If Koreans are caught in Korea as having been involved in possession, purchase, cultivation, sale, transportation, or consumption of marijuana in Canada, they will be subject to severe criminal penalties for violating the law on drugs. Also, if Korean citizens or ethnic Koreans sends marijuana products to Korea by express mail or postal mail, both the sender and receiver are subject to investigation.
Our government is going to carry out a special inspection for passengers and express mail and mail to / from Canada. So, you people in Canada or visiting Canada are curious about buying, possessing and using marijuana products. Please be very careful not to be punished severely.”
Anyone with a Korean nationality in any country should not violate Korean drug laws. In Korea, marijuana is legally prescribed as ‘drug’. (Article 2 of the Act on the Management of Narcotic Drugs) The British Guardian and the New York Times (NYT) analysed the Korean government’s response to the legalization of marijuana in Canada. “Smoking Marijuana Is Legal in Canada, Unless You’re South Korean” is the title of the NYT article.
“The details of how the police will crack down on those returning from Canada are still unclear,” the Guardian said, discussing the fact that in Korean law “those who smoke marijuana can receive a maximum sentence of five years.” The Guardian also reported that “according to government data, there are about 23,000 Korean students in Canada. 293,000 people visited Canada in May, “while 1044 out of the 8887 drug traffickers arrested in South Korea were marijuana-related criminals.
Additionally, not only Korea, but also China and Japan have published cautionary warnings to their citizens concerning marijuana in Canada. The Consulate General of Japan in Vancouver, Canada, announced on April 4, “Legal possession of marijuana and smoking can be punished.” China warned its citizens that they can be punished under domestic laws that prescribe marijuana as a drug.
Analysis: This article highlights one of the most fascinating aspects of the Korean legal system: Koreans can be (and have been) prosecuted for performing acts in countries where they are legal, but those same acts are illegal in Korea (for example, gambling is highly regulated in Korea, and it’s illegal for Koreans to gamble elsewhere). Essentially, Koreans are subject to Korean law wherever they are in the world. Such a stance is arguably itself illegal under international law. The reaction to the tweet from Korean speakers was broadly scornful, although some thanked the embassy for seeking to protect Koreans abroad:
Reports confirm that around 79m of underground cabling has been lost at the Seodaemun KT building in [central] Seoul. Complete recovery is estimated to take quite some time, and so communication problems in the area will continue.
Card payment terminals using the KT network are also acting inconsistently, causing confusion for merchants and customers. The Seoul Metropolitan Police internal communication network has also suffered from a disability. Police said their telephone lines and [emergency number] 112 communication system in Seoul’s Seodaemun, Yongsan, and Mapo police stations were disconnected at one point in the morning. “[However] we have had no problem with the receipt of citizens’ 112 reports,” [a spokesperson] added.
