The purpose of this Act is to establish a crime victim protection fund to raise finances necessary for protecting and supporting crime victims and to prescribe matters necessary for the management and operation of the fund.
The term "crime victim", "protection and support of crime victims" and "crime victim supporting corporation" means a crime victim, protection and support of crime victims and a crime victim supporting corporation, respectively, pursuant to Article 3 of the Crime Victim Protection Act.
| Article 3 (Establishment of Fund) |
The Government shall establish a crime victim protection fund (hereinafter referred to as "Fund") to secure and provide finances necessary for protecting and supporting crime victims.
| Article 4 (Creation of Fund) |
| (1) | The Fund shall be created from the following finances: |
| 1. | Fines received as prescribed in paragraph (2); |
| 3. | Cash, articles and other property contributed or donated by persons, other than the Government; |
| 4. | Earnings accruing from the operation of the Fund. |
| (2) | The Government shall pay an amount computed by multiplying a fine enforced pursuant to Article 477 (1) of the Criminal Procedure Act by the rate prescribed by Presidential Decree by at least 6/100. <Amended by Act No. 12778, Oct. 15, 2014> |
| (3) | Where a person, other than the Government, contributes or donates cash, etc. as prescribed in paragraph (1) 3, he/she may contribute or donate cash, etc. after designating the use thereof. |
| Article 5 (Management and Operation of Fund) |
| (1) | The Fund shall be managed and operated by the Minister of Justice. |
| (2) | Other matters necessary for the management and operation of the Fund shall be prescribed by Presidential Decree. |
The Fund shall be used for the following uses:
| 3. | Business or activities related to the protection and support of crime victims under other Acts, prescribed by Presidential Decree; |
| 4. | Disbursement of expenses for the creation, management and operation of the Fund; |
| 5. | Other business or activities prescribed by Presidential Decree for protecting and supporting crime victims. |
| Article 7 (Deliberative Committee on Operation of Crime Victim Protection Fund |
| (1) | A deliberative committee on operation of crime victim protection fund (hereinafter referred to as "Deliberative Committee") shall be established in the Ministry of Justice to deliberate on matters concerning the management and operation of the Fund: |
| 1. | Principal policies on the management and operation of the Fund; |
| 5. | Establishment and modification of guidelines for asset management; |
| 6. | Important matters prescribed by Presidential Decree concerning the management and operation of the Fund, and other matters presented by the chairperson of the Deliberative Committee for discussion as he/she deems them necessary. |
| (2) | Public officials of the Ministry of Justice, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family, the Ministry of Strategy and Finance, etc. who perform business for protecting and supporting crime victims shall be entrusted as members of the Deliberative Committee: Provided, That 1/2 of the members of the Deliberative Committee including the chairperson shall be filled by persons other than public officials. |
| (3) | The organization and operation of the Deliberative Committee and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 (Establishment of Fund Account) |
The Minister of Justice shall establish a fund account at the Bank of Korea to maintain clarity in the revenue and expenditure of the Fund.
| Article 9 (Accounting Personnel of Fund) |
The Minister of Justice shall appoint a fund revenue collector, fund financier, fund paymaster and fund cashier from among his/her subordinate public officials to engage in business affairs concerning the revenue and expenditure of the Fund.
| Article 10 (Fiscal Year of Fund) |
The fiscal year of the Fund shall coincide with the fiscal year of the Government.
| Article 11 (Accounting of Fund) |
The accounting of the Fund shall be managed according to the business accounting principles
| Article 12 (Temporary Borrowing by Fund) |
Where it is necessary for the operation of the Fund, the Minister of Justice may temporarily borrow money from the Bank of Korea or other financial institutions at the expense of the Fund.
| Article 13 (Management of Profits and Deficits) |
| (1) | Where profits remain at the closure of the Fund, all such profits shall be accumulated. |
| (2) | Where a deficit arises at the closure of the Fund, the reserves under paragraph (1) shall make up for the shortfall, and where such reserves are insufficient, the Government may make up for such shortfall within budget limits. |
| Article 14 (Prohibition of Use of Fund for Purposes other than Intended Purpose and Return thereof) |
| (1) | The Fund subsidized as prescribed in Article 6 shall not be used for a purpose other than for which it has been subsidized. |
| (2) | Where the Fund has been subsidized by fraud or other fraudulent means, or the subsidized Fund has been used for a purpose other than its intended purpose, the Minister of Justice may have all or part of the Fund returned. |
Where the Minister of Justice deems necessary, he/she may request a person who receives financial resources from the Fund to report or submit data on his/her duties, accounting, and property, or request his/her subordinate public official to examine books, documents, etc. of the person who receives financial resources from the Fund. <Amended by Act No. 12778, Oct. 15, 2014>
| Article 16 (Penalty Provisions) |
Any person who receives financial resources from the Fund under Article 6 fraudulently or deceptively shall be punished by imprisonment for not exceeding five years or by a fine not exceeding 20 million won. [This Article Newly Inserted by Act No. 12778, Oct. 15, 2014]
| Article 17 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits an offense under Article 16 in relation to the duties of such corporation or individual, not only shall the offender be punished, but the corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties, to prevent such offense. [This Article Newly Inserted by Act No. 12778, Oct. 15, 2014]
ADDENDUM
This Act shall enter into force on January 1, 2011.
ADDENDUM <Act No. 12778, Oct. 15, 2014>
This Act shall enter into force on January 1, 2015.