Customs Service of the Republic of Korea.
Korean Customs Service.- 1995, October, P. 141-157.
Customs Service of the Republic of Korea
As noted in the prospectus materials of the South Korean customs, the main objectives of the customs legislation of this country are — to contribute to the development of the national economy and ensure the flow of tax revenues through effective management of customs duties and collection, as well as prompt and efficient clearance of imported and exported goods.
In order to protect national interests and ensure the effectiveness of all the requirements of the law, the law defines the types of criminal activities that undermine the national economy and the types of punishment for committing these crimes.
The Korea Customs Service has approximately 500 senior and junior employees working at the central office and directly at regional customs houses to investigate customs violations and implement the Code of Punishments specified in the Customs Law.
Decision-making, strategy development, logistics and intelligence support are carried out in cooperation with the Intelligence and Investigation Bureau, the Investigation Division and the Intelligence Divisions (1 and 2) of the Korea Customs Service, with a total of no more than 25 people. The number of people involved in combating smuggling is significantly higher if all those involved are taken into account.
It is noted that customs officers would not be able to solve the tasks assigned to them of effective inspection and combating the growing smuggling without the use of special equipment. This equipment also allows saving time on inspection of goods arriving from abroad. At present, the customs service operates six different types of equipment, totaling 1,512 units. This includes 88 X-ray machines, 450 metal detectors, 65 explosive detection devices, 138 units of taxation equipment, 221 units of surveillance equipment and 550 units of other equipment (as of March 31, 1995).
Customs investigators have the authority to investigate customs violations, currency violations and intellectual property rights violations under the authority of the prosecutor's office. They are fully responsible for imposing penalties in the form of fines. The director of customs can impose a fine only for relatively minor violations. In more complex cases, the prosecutor has the right to appeal to the court to impose a more serious fine or even imprisonment of the offenders. The areas of competence of the customs management and the prosecutor's office are clearly separated.
Customs investigators also have the right to investigate cases related to illegal drug trafficking. However, their rights extend only to cases of drug smuggling through sea and air ports, as well as in customs zones. When investigating these cases, customs investigators act under the direct supervision of the prosecutor's office. In the event that facts of violation of customs legislation or detention of any suspects are revealed by other services, these suspects, material evidence and all relevant documentation are subject to immediate transfer to customs authorities. Customs investigators have the authority to summon and interrogate witnesses and other persons who can assist in the investigation of customs violations. Finally, if necessary, they can visit and search any vessel, vehicle, aircraft, warehouse or any other suspicious object.
In a situation where smugglers organize secret groups and employ highly sophisticated and varied methods to evade customs and other investigation services, the role of information in the investigation and prosecution of customs violators is increasing. The importance of this provision can be demonstrated by smuggling statistics. Seoul Customs registered 939 cases worth about 46,537 million won in 1994. Of these, 13% of the cases, or 74% of the total value, were information obtained through special channels. Customs is making every effort to expand the range of information sources. A smuggling and drug hotline operates 24 hours a day. A person whose report leads to the arrest and conviction of a smuggler may receive a reward of up to 10 million won. The hotline number is listed in telephone directories. In addition, there is a system of monthly material incentives for customs investigators, stimulating their work on collecting information. Some citizens who have access to information on customs violations are hired and paid as special informants.
The main tasks of the Intelligence and Investigation Bureau are as follows:
— management and coordination of the activities of regional customs investigation groups;
— planning measures to combat smuggling;
— collecting and disseminating information on smuggling;
— investigating and exposing smugglers.
The main functions of the said bureau.
1. Preventing smuggling of goods, including drugs that are dangerous to health.
— exchanging information with foreign customs and international organizations;
— managing customs investigation teams at sea customs and airports.
2. Preventing smuggling of agricultural and fishery products:
— blocking smuggling routes by sea using fishing vessels and coastal vessels;
— Search for illegally imported restricted goods disguised as normal ones;
— Establishment of joint surveillance systems with organizations such as the Farmers' Union, the Fishermen's Union, etc.
3. Suppression of offenses, including violations of consumer rights:
— Continuous monitoring of the circulation of illegally imported goods in order to prevent the development of a black market;
— Search for copyright infringement and counterfeit goods;
— cooperating with government agencies to prevent smuggling of essential materials (gold, sesame, etc.).
— ensuring the operation of «hotlines».
4. Developing investigative technology:
— strengthening the functions of collecting and analyzing information and computerizing the investigation and intelligence processes;
— expanding the capabilities of special agents;
— strengthening overseas intelligence activities by stationing officials and customs attachés in other countries.
In 1994, the number of drug smuggling cases, in which 12 kg of drugs were intercepted, was 30. Attempts to smuggle 5.5 kg of methamphetamine, 3.5 kg of opium, and 1.8 kg of heroin into Korea were made.
The most serious problems in Korea are with methamphetamine and hashish abuse. The largest quantities of methamphetamine were smuggled from the United States, Taiwan, Hong Kong, Japan, the Philippines, etc. The most common source of smuggled methamphetamine in 1994 was the Philippines. Ephedrine was smuggled from China to Korea. In 13 cases, the Korean Drug Enforcement Units seized 3,933 grams of methamphetamine, and in three cases, 100 kilograms of ephedrine were attempted to be smuggled from China.
Korea served as a transit point for heroin from producing countries (Thailand) to American markets. According to 1994 data, drug smuggling for domestic consumption was relatively insignificant. As a result, special units for combating drug trafficking are concerned about the prospect of possible distribution of this drug. In 1994, they managed to intercept three heroin smugglings in batches of 1,000 grams.
Raw opium is smuggled into Korea from China in small quantities along the Golden Bridge and Chong In routes. Most of the contraband was intercepted based on preliminary information obtained through investigations among end users in Korea. In 1994, 2.9 kg of cocaine were seized in five cases. Statistics show that cocaine comes mainly from Central and South American countries (Colombia and Peru) by sea, air and mail. Cocaine consumption in Korea is extremely low. However, the methamphetamine situation may trigger the introduction of cocaine into Korea. In August 1990, the Korean Customs was granted the authority to investigate drug cases, i.e., the authority to detain, inspect, and confiscate drugs in cases where there are violations of export or import at customs borders at airports, seaports, and customs areas.
The Korean Customs Service has established two investigation units and 41 drug enforcement teams with 206 customs investigators.
Customs at each airport and seaport use X-ray machines to check cargo and passengers. In addition, dogs and lonoscan equipment are used to detect drugs at major airports and seaports. Kimpo Customs has 11 dogs, while Busan, Inchon, Kimhay, and Jeju Customs have two dogs each.
Until recently, drug interceptions were mainly based on informants, but recently, the number of cases of smugglers being caught has increased thanks to information analysis and inspection of passengers' luggage.
Korea Customs has concluded cooperation agreements with both local law enforcement agencies (police) and overseas (the US Customs Attaché and the US DEA Office in Korea). In addition, Korea Customs works closely with international organizations such as the WCO and Interpol.
On December 17, 1993, Korea Customs exchanged Customs/business Memorandum of Understanding with representatives of the following firms and organizations: Korean Air, Asiana Airlines, the Air Cargo Association of Korea, Korea Shipowher's Association. All of these organizations are involved in the international transportation and storage of export and import goods at Korea Customs.
On June 16, 1994, Korea Customs exchanged Memorandums of Understanding with representatives of the Korea Customs Association, the Korea Customs Brokers Association, and the Korea Association of Transportation Associations. Finally, Korea Customs has completed the establishment of a nationwide joint surveillance system and the organization of 2,048 «contact points» between customs and businesses to suppress drug smuggling.