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INSIGHTS

Customs Offenses
2021.11.19

The issue of opening and closing the gate to the Republic of Korea is all under the jurisdiction of the Korea Customs Service (KCS). In addition, KCS is a special judicial police officer who has the authority to investigate various crimes through the customs clearance process.

 

Korean laws related to environment, safety and technology, as well as treaty rights and obligations, and legal issues of exporting countries will all be closely linked with customs. In relation to this, the issues of 'customs refusal, withholding, and disapproval of customs clearance', which are the administrative regulations of KCS, and the investigation of violations and criminal punishment will become even bigger issues.

 

Countries set high tariff barriers through environmental, technological and safety regulations. Individual companies will have to jointly respond to such customs issues with customs brokers and criminal lawyers.

 

Investigations by customs authorities should be dealt with caution. It is essential to review statements, seizures, and searches taking into account not only the customs administrative point of view but also the criminal litigation point of view.

 

Furthermore, companies need the help of legal experts who can properly utilize the customs authority of KCS in relation to technical crimes, environmental crimes, and safety crimes.

 

The main laws under the jurisdiction of the KCS are as follows.

 

- Customs Act

- Licensed Customs Broker Act

- Act on Special Cases Concerning the Refund of Customs Duties Levied on Raw Materials for Export

- Act On Special Cases Of The Customs Act For The Implementation Of Free Trade Agreements

- Act On Designation And Management Of Free Trade Zones

- Foreign Trade Act

- Act On The Investigation Of Unfair International Trade Practices And Remedy Against Injury To Industry

- Foreign Exchange Transaction Act

 

Law-Win criminal defense attorneys legally, realistically and effectively resolve customs duties (violations) cases of customs across the country, including Incheon, Busan, Pyeongtaek, and Seoul Headquarters Customs.