
Legal Q&A
Q
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Hello. I went to Thailand with a friend and went to a club. There, I found the happy balloons that were popular a while ago. As far as I recall, happy balloons existed in our country as well, so I inhaled it without any suspicion. But when I posted this on social media, someone reported it. Was the happy balloon considered a narcotic? If so, what is the level of punishment for narcotics offenses?
Punishment for narcotics offenses
Happy balloon
Answer
Published:
Author : DongIl PARK
A happy balloon is not classified as a narcotic subject to punishment for narcotics offenses.
However, in Korea, a happy balloon is defined as a hallucinogenic substance and is subject to legal sanctions.
Therefore, even if a Korean inhaled a happy balloon abroad where the conduct is permitted, under the principle of personal jurisdiction a Korean national is subject to sanctions in accordance with Korean law.
If you inhaled a happy balloon, you would be punished not under the punishment for narcotics offenses but under the Chemical Substances Control Act.
You may be subject to imprisonment for up to three years or a fine of up to 50 million won.
Whether punishment is actually imposed and its level may vary depending on various factors, such as the place of use, the circumstances of use, whether it was repeated, and intent.
If the evidence of the charge is already clear because you left a record of the fact on social media, it is advisable to describe in detail the circumstances of the case, such as the situation before and after the conduct and the reasons for the use, while seeking leniency.
Therefore, if you face the risk of punishment over a happy balloon, it is important to secure evidence and prove these circumstances with the help of an attorney experienced in this area.
For details, we encourage you to confirm the specifics through a consultation with an attorney experienced in this area.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

SangWon YEO
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Experience as Presiding Judge (Criminal Appeals) at the Seoul Central District Court · Criminal/Sexual Offense/Civil Law Attorney
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