ENFORCEMENT DECREE OF THE CRIME VICTIM PROTECTION FUND ACT
Presidential Decree No. 22528, Dec. 14, 2010
Amended by Presidential Decree No. 24018, Aug. 3, 2012
Presidential Decree No. 24253, Dec. 27, 2012
Presidential Decree No. 25904, Dec. 30, 2014
| Article 2 (Creation of Fund) |
| Article 3 (Formulation of Plans for Management of Fund) |
| (2) | The Crime Victim Protection Fund Management Council (hereinafter referred to as the "Council") established under Article 7 of the Act, shall deliberate on each plan for the management of the Fund formulated under paragraph (1), for the following year, by the end of May annually. |
| (3) | Where the Council deliberates on a plan for the management of the Fund pursuant to paragraph (2), it may seek an opinion from the Crime Victim Protection Committee established under Article 15 of the Crime Victim Protection Act. |
| Article 4 (Management of Surplus Funds) |
| (1) | The Minister of Justice may manage any surplus funds of the Fund as follows: |
| (2) | Except as otherwise expressly provided for in this Decree and the National Finance Act and subordinate statutes, matters necessary for the administration and management of the Fund shall be prescribed by the Minister of Justice. |
| (1) | "Projects or activities prescribed by Presidential Decree" in subparagraph 3 of Article 6 of the Act, means any of the following: <Amended by Presidential Decree No. 24018, Aug. 3, 2012> |
| (2) | "Projects or activities prescribed by Presidential Decree" in subparagraph 5 of Article 6 of the Act, means any of the following: |
| 1. | Fact-finding surveys and research for the protection of, and providing aid to, crime victims; |
| 2. | Education and training for persons involved in activities providing protection and aid to crime victims; |
| 3. | Advertising for the protection of, and providing aid to, crime victims; |
| 4. | Other projects or activities determined by the Minister of Justice following deliberation by the Council. |
| Article 6 (Procedures for Providing Funding from Fund) |
| (1) | Any person who intends to obtain funding from the Fund to conduct projects or activities falling under subparagraphs 3 and 5 of Article 6 of the Act shall submit an application to provide funding from the Fund for the following fiscal year, to the Minister of Justice, by the end of March. |
| (2) | Where the Minister of Justice receives an application to provide funding from the Fund under paragraph (1), he/she may assign a public official of the Ministry of Justice to submit an examination report which reviews whether such application complies with the uses specified under Article 5, and the validity, size, etc. of the provision of funding from the Fund. |
| (3) | The Minister of Justice shall determine matters concerning the provision of funding from the Fund, following deliberation by the Council. |
| Article 7 (Statement of Accounts) |
| (1) | Any person who obtains funding from the Fund pursuant to Article 6 shall submit a statement of accounts concerning the use of funding provided from the Fund during the preceding year, to the Minister of Justice, by the end of January of each year funding is provided. |
| (2) | Any person who obtains funding from the Fund shall submit a statement of accounts concerning the use of funding provided from the Fund to the Minister of Justice within 30 days after completion of the project or activity for which he/she has obtained funding from the Fund. |
| (3) | Where necessary in relation to the submission of a statement of accounts under paragraphs (1) and (2), the Minister of Justice may request a person who has obtained funding from the Fund to submit data which explain the current status and the results of using funding provided from the Fund. |
| Article 8 (Matters to be Deliberated on by Council) |
| Article 9 (Composition, Term of Office, etc. of Council) |
| (1) | The Council shall be comprised of not exceeding 15 members, including one chairperson. |
| (2) | The Vice Minister of Justice shall become the Council chairperson, and members of the Council shall be appointed or commissioned by the Minister of Justice, from among the following: |
| 1. | Persons in charge of affairs concerning the protection of, and providing aid to, crime victims, who are public prosecutors belonging to the Ministry of Justice and the Supreme Prosecutors' Office, public officials belonging to the Senior Civil Service Corps, or police officials at least equivalent to inspectors general; |
| 2. | Persons in charge of affairs concerning the protection of, and providing aid to, crime victims or affairs concerning the provision of funding from the Fund, who are public officials belonging to the Senior Civil Service Corps of the relevant Government agencies, such as the Ministry of Strategy and Finance, the Ministry of Health and Welfare, and the Ministry of Gender Equality and Family; |
| 3. | Persons deemed to have extensive expert knowledge of and experience in the administration and management of the Fund; |
| 4. | Persons deemed to have extensive expert knowledge of and experience in activities for the protection of, and providing aid to, crime victims. |
| (3) | The term of office of members commissioned pursuant to paragraph (2) 3 and 4 shall be two years, and they may resume office only once. |
| (4) | Where a Council member falls under any of the following cases, the Minister of Justice shall dismiss the relevant member: |
| 1. | Where he/she violates this Act or does an act that causes a loss to the Fund; |
| 2. | Where he/she is sentenced to imprisonment or severer punishment; |
| 3. | Where he/she is adjudicated bankrupt; |
| 4. | Where it is impossible or substantially impracticable for him/her to perform his/her duties due to his/her mental or physical disability. |
| Article 10 (Exclusion, Challenge, Abstention of Members) |
| (1) | Where a Council member falls under any of the following cases, he/she shall be excluded from deliberation on the relevant agenda item: |
| 1. | Where the member or his/her spouse (including his/her former spouse) or relative is the relevant party to an agenda item or has a direct interest in the agenda item; |
| 2. | Where the member deliberates on an agenda item regarding which he/she has provided service, advice, or conducted research; |
| 3. | Where the member deliberates on an agenda item of which he/she has been involved in the audit, investigation, or inspection. |
| (2) | Where a Council member falls under any subparagraph of paragraph (1) or a Council member is unlikely to give fair deliberation, the relevant person may file an application for challenge against such member, with the Council chairperson. |
| (3) | Where the Council chairperson deems an application for challenge under paragraph (2) grounded, he/she shall determine to grant the challenge, and the relevant member shall abstain from deliberation on the matters. |
| (4) | Where an application for challenge filed under paragraph (2) is groundless or it is evident that such application for challenge is filed to delay deliberation, the Council chairperson shall determine to reject the application for challenge. |
| (5) | Where a Council member has reason under paragraph (1) or (2), he/she may abstain from deliberation with leave from the Council chairperson. |
| Article 11 (Duties of Chairperson) |
| (1) | The Council chairperson shall represent the Council and exercise general control over its affairs. |
| (2) | Where the Council chairperson is unable to perform any of his/her duties due to extenuating circumstances, a Council member appointed by the chairperson shall act on his/her behalf. |
| (1) | The Council chairperson shall convene and preside over its meetings. |
| (2) | A majority of all incumbent members shall constitute a quorum at all Council meetings, and resolutions shall be passed with the concurrent vote of a majority of members present. |
| Article 13 (Administrative Secretary) |
| (1) | One administrative secretary appointed by the Council chairperson, from among public officials of the Ministry of Justice, shall be assigned to the Council. |
| (2) | The administrative secretary shall conduct affairs of the Council under the direction of the Council chairperson. |
Members who attend a Council meeting may be paid allowances, within budgetary limits: Provided, That the foregoing shall not apply where a member who is a public official attends a Council meeting in direct relation to any of his/her duties.
| Article 15 (By-laws of Council) |
Except as otherwise expressly provided for in this Decree, detailed matters necessary for the operation of the Council shall be prescribed by the chairperson, following deliberation by the Council.
| Article 16 (Account of Fund) |
Where the Minister of Justice opens accounts for the Fund at the Bank of Korea pursuant to Article 8 of the Act, he/she shall classify the accounts as a revenue account and expenditure account.
| Article 17 (Receipt of Funding) |
| (1) | Where the Minister of Justice appoints the revenue collecting officer of the Fund, the Fund manager, the disbursement officer of the Fund, and the accounting officer of the Fund pursuant to Article 9 of the Act, he/she shall notify the Minister of Strategy and Finance, the Chairman of the Board of Audit and Inspection of Korea, and the Governor of the Bank of Korea of such appointment. |
| (2) | Where funds specified under Article 4 (1) of the Act are paid into the Fund account, the person in receipt of such funds shall immediately send the written payments thereof to the revenue collecting officer of the Fund. |
| Article 18 (Return of Funding Provided from Fund and Suspension to Provide Funding) |
| (1) | The Minister of Justice shall order a person in receipt of funding from the Fund fraudulently or deceptively or who uses such funding for any purpose, other than for which funding was provided, in violation of Article 14 of the Act, to return all funding he/she has obtained, by a fixed deadline: Provided, That where the person explains part that does not violate Article 14 of the Act among funding he/she has obtained, the Minister of Justice may permit him/her to return only the rest of funding excluding such part. |
| (2) | Where the project or activity is completed because the purpose for which funding has been provided is achieved or grounds for conducting the project or activity cease to occur, the Minister of Justice shall suspend funding from the Fund. |
| (3) | Where a person in receipt of funding from the Fund fails to submit a statement of accounts or to comply with a request to submit data concerning the current status and the results of using funding pursuant to Article 7, the Minister of Justice may suspend the provision of funding. |
| (4) | Where the Minister of Justice suspends the provision of funding from the Fund pursuant to paragraphs (2) and (3), he/she shall order a person in receipt of funding from the Fund before the suspension of the provision thereof, to return such funding, by a fixed deadline. |
| Article 19 (Keeping of Books of Account) |
| (1) | The revenue collecting officer of the Fund and the Fund manager shall prepare and keep books of general management of the Fund, the book of collection of the Fund, and a book of expenditures of funding of the Fund, and record general matters concerning the revenue and expenditure of the Fund and details of expenditure of the Fund. |
| (2) | The accounting officer of the Fund shall prepare and keep the books of account of the Fund, and record the receipts and disbursements of the Fund therein. |
ADDENDUM
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24253, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013.
Article 2 (Applicability)
The amended provisions of Article 2 (1) shall begin to apply from the first fine revenues the Government pays into the Fund after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25904, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.