CRIME VICTIM PROTECTION ACT
Wholly Amended by Act No. 10283, May 14, 2010
Amended by Act No. 10898, Jul. 25, 2011
Act No. 12187, Jan. 7, 2014
Act No. 12779, Oct. 15, 2014
Act No. 14279, Dec. 2, 2016
Act No. 14583, Mar. 14, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting crime victims’ welfare by formulating basic policies, etc. on protection and support for crime victims and providing aid to a person to whom death or bodily harm is caused by the criminal conduct of any other person.
| Article 2 (Basic Ideology) |
| (1) | A crime victim has the right to immediately recover from the circumstances of the criminal injury and be guaranteed human dignity. |
| (2) | A crime victim's reputation and privacy shall be protected. |
| (3) | A crime victim has the right to participate in various criminal proceedings in connection with the relevant case. |
| (1) | The definitions of terms used in this Act shall be as follows: |
| 1. | The term "crime victim" means a victim of another person's criminal act and the spouse (including the de facto marriage), lineal relatives, and siblings of such victim; |
| 2. | The term "protection and support for crime victims" means acts that contribute to loss recovery and due exercise of rights by, and promotion of welfare of, crime victims: Provided, That no act which exercises undue influence over investigations, defenses and trials shall be included herein; |
| 3. | The term "crime victim support corporation" means a non-profit corporation established the main purpose of which is to provide protection and support for crime victims; |
| 4. | The term "criminal injury subject to relief" means death, disability, or serious injury caused by an act corresponding to a crime injuring human life or body committed inside the territory of the Republic of Korea or in a vessel or an aircraft of the Republic of Korea outside of the territory of the Republic of Korea (including acts which are not subject to punishment under Article 9, 10 (1), 12, or 22 (1) of the Criminal Act, but excluding acts which are not subject to punishment under Article 20 or 21 (1) of the same Act or acts committed by negligence); |
| 5. | The term "disability" means bodily disability which remains till after treatment of an injury or a disease caused by a criminal act (including when symptoms thereof are fixed), as prescribed by Presidential Decree; |
| 6. | The term "serious injury" means physical damage to a body or physiological functions thereof caused by a criminal act, as prescribed by Presidential Decree. |
| (2) | In addition to those falling under paragraph (1) 1, those who suffer from the acts of prevention of criminal injury and rescue of crime victims shall also be deemed crime victims. |
| Article 4 (Responsibilities of State) |
The State shall have responsibilities to take each of the following measures for protection and support for crime victims, and to provide the necessary financial resources thereto:
| 1. | Construction and operation of system for protection and support for crime victims; |
| 2. | Survey of current conditions, research, education and promotion for protection and support for crime victims; |
| 3. | Improvement of relevant statutes and formulation and execution of various policies for protection and support for crime victims. |
| Article 5 (Responsibilities of Local Governments) |
| (1) | The local governments shall proactively endeavor to protect and support crime victims and cooperate to facilitate smooth execution of the State policies for protection and support for crime victims. |
| (2) | The local governments shall procure financial resources necessary for performing its responsibilities under paragraph (1). <Newly Inserted by Act No. 12883, Dec. 30, 2014> |
| Article 6 (Responsibilities of Citizens) |
Citizens shall endeavor to avoid ruining reputation and invading privacy of crime victims and shall cooperate to the utmost with the State and local governments so as to facilitate the smooth formulation and implementation of the policies for protection and support for crime victims.
CHAPTER II BASIC POLICIES FOR CRIME VICTIM PROTECTION AND SUPPORT
| Article 7 (Loss Recovery Support, etc.) |
| (1) | The State and local governments shall formulate plans necessary to provide counselling, medical services (including medical expense subsidization), relief funds, legal aid, employment assistance, and dwelling support, and other plans necessary for protecting crime victims, proportionate to the degree of harm suffered by crime victims and to the necessity for protection and support. <Amended by Act No. 12883, Dec. 30, 2014> |
| (2) | The State shall establish and operate temporary protective shelters (hereinafter referred to as "protective shelters") to provide crime victims and their families with physical and mental stability and to rehabilitate them to normal social life. In such cases, the State may entrust the operation of protective shelters to a corporation in order to support crime victims, a general hospital under the Medical Service Act, a school foundation which establishes and operates a school under the Higher Education Act, and other institutions or organizations prescribed by Presidential Decree. <Amended by Act No. 12883, Dec. 30, 2014> |
| (3) | The State shall operate counselling and therapy programs that mentally rehabilitate crime victims and their families. |
| (4) | Matters concerning the standards for the establishment and operation of protective shelters, standards and procedures for entry thereto or exit therefrom, procedures for the consignment operation, standards and procedures for the supervision thereof, and operation, etc. of the counselling and therapy programs under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 8 (Guarantee, etc. of Participation in Criminal Procedures) |
| (1) | The State shall ensure that the crime victim is afforded the criminal procedural rights to exercise, including the right to consult with a criminal investigator with regard to the relevant criminal case or to attend the trial or other proceedings and make a statement. |
| (2) | The State may, if requested by a crime victim, provide him/her with information pertaining to criminal proceedings, such as the results of the investigation to persons alleged to be perpetrators, a date for a public trial, the results of the trial, execution of a sentence, and the current status on the execution of the sentence of probation, as prescribed by Presidential Decree. |
| Article 8-2 (Provision, etc. of Information to Crime Victims) |
| (1) | The State shall provide a crime victim with the following information in the course of investigation and trial: |
| 1. | Information pertaining to the crime victim's criminal procedural rights, such as his/her right to participate in the relevant trial and make statement; |
| 2. | Information pertaining to support for the crime victim, such as payment of criminal injury relief fund and the current status of organizations related to protection and support for the crime victims; |
| 3. | Other information deemed necessary for protecting rights and promoting welfare of the crime victim. |
| (2) | Necessary matters concerning the detailed methods, procedures, etc. for providing information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12779, Oct. 15, 2014]
| Article 9 (Protection of Privacy, Physical Safety, etc.) |
| (1) | The State and local governments shall take measures necessary to protect a reputation and privacy of crime victims. |
| (2) | The State and local governments shall formulate appropriate measures where crime victims are in danger of retaliatory violence due to their statements or testimony during criminal proceedings and where they are in need of protection. |
| Article 10 (Education and Training) |
The State and local governments shall provide necessary education and training to persons who engage in criminal investigations, persons who provide counselling and medical services to crime victims, and other persons who engage in activities relating to protection and support for crime victims, in order to promote awareness about crime victims and to perform protection and support activities efficiently.
| Article 11 (Promotion, Survey, and Research) |
| (1) | The State and local governments shall carry out promotion activities necessary to increase the public’s understanding and awareness of crime victims. |
| (2) | The State and local governments shall endeavor to conduct a survey on the current status of criminal damage and to develop support policies, so as to ensure the provision of appropriate support services with professional knowledge and experience of crime victims. |
CHAPTER III MASTER PLAN, ETC. FOR CRIME VICTIM PROTECTION AND SUPPORT
| Article 12 (Establishment of Master Plans) |
| (1) | The Minister of Justice shall establish a master plan for protection and support for crime victims (hereinafter referred to as "master plan") every five years, following the deliberation of the Crime Victim Protection Committee under Article 15. |
| (2) | The master plan shall include the following: |
| 1. | Basic direction and objectives for policies for protection and support for crime victims; |
| 2. | Actual condition survey, research, education, and promotion for protection and support for crime victims; |
| 3. | Support for and supervision over organizations for protection and support for crime victims; |
| 4. | Providing and operation of financial resources relating to protection and support for crime victims; |
| 5. | Other matters the Minister of Justice deems necessary for protection and support for crime victims. |
| Article 13 (Establishment of Annual Implementation Plan) |
| (1) | The Minister of Justice, the heads of relevant central administrative agencies, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall establish and execute annual implementation plans (hereinafter referred to as "implementation plan") under the master plan. |
| (2) | The heads of relevant central administrative agencies and the Mayors/Do Governors shall submit the next year’s implementation plan and the previous year’s performance results to the Minister of Justice each year. In such cases, if the implementation plan is deemed inappropriate, the Minister of Justice may request the head who has established such plan to supplement or correct it. |
| (3) | Matters necessary for the establishment and execution of the implementation plan other than those prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 14 (Cooperation of Relevant Agencies) |
| (1) | The Minister of Justice may request the cooperation of the heads of relevant central administrative agencies, heads of local governments or heads of relevant public institutions, if necessary for establishment and execution of the master plan and implementation plan. |
| (2) | Heads of central administrative agencies or Mayors/Do Governors may request the cooperation of the heads of relevant central administrative agencies, heads of local governments, or heads of public institutions, if necessary for establishment and execution of the implementation plan. |
| (3) | The heads of agencies, institutions or local governments shall, upon receipt of a request for cooperation under paragraphs (1) and (2), comply therewith, unless extenuating circumstances otherwise exist. |
| Article 15 (Crime Victim Protection Committee) |
| (1) | The Crime Victim Protection Committee (hereinafter referred to as the "Protection Committee") shall be established under the control of the Minister of Justice to deliberate on the master plan and important matters concerning protection and support for crime victims. |
| (2) | The Protection Committee shall deliberate on the following: |
| 1. | Master plan and implementation plan; |
| 2. | Establishment and adjustment of main policies for protection and support for crime victims; |
| 3. | Support for and supervision over organizations for protection and support for crime victims; |
| 4. | Other matters on which the chairperson requests deliberation. |
| (3) | The Protection Committee shall be comprised of not more than 20 members including the Chairperson. |
| (4) | Matters concerning the composition, operation, etc. of the Protection Committee other than those prescribed in paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
CHAPTER IV RELIEF FOR CRIMINAL INJURY SUBJECT TO RELIEF
| Article 16 (Eligibility Requirements for Payment of Relief Funds) |
If a person who suffers from a criminal injury and requires relief (hereinafter referred to as "victim subject to relief") falls under either of the following circumstances, the State shall pay him/her or his/her bereaved family a criminal injury relief fund (hereinafter referred to as "relief fund"):
| 1. | Where he/she is unable to obtain full or partial compensation for criminal damage; |
| 2. | Where he/she becomes a victim subject to relief after providing a clue to the investigation, such as a complaint or accusation, presenting statements, or giving testimony or submitting materials in the process of investigation or trial of a criminal case of his/her own or any other person. |
| Article 17 (Types, etc. of Relief Funds) |
| (1) | Relief funds shall be classified into the bereaved family relief fund, disability relief fund, and serious injury relief fund, and paid in lump sum. |
| (2) | The family relief fund shall be paid to a victim’s bereaved family member with the highest priority for receipt thereof pursuant to Article 18 at the time of the victim’s death: Provided, That where two or more bereaved family members hold the same priority, an equal portion of the fund shall be paid to each of them. |
| (3) | The disability relief fund and the serious injury relief fund shall be paid to the relevant victim subject to relief. |
| Article 18 (Scope of Bereaved Family and Order of Priority) |
| (1) | Bereaved family members eligible to receive the bereaved family relief fund shall be as follows: |
| 1. | Spouse (including a person in a de facto matrimonial relationship) and offspring of a victim subject to relief who have been making their living with the income of the victim subject to relief at the time of his/her death; |
| 2. | Parents, grandchildren, grandparents, brothers and sisters who have been making their living with the income of a victim subject to relief at the time of his/her death; |
| 3. | Offspring, parents, grandchildren, grandparents, brothers and sisters of a victim subject to relief who do not fall under subparagraphs 1 and 2. |
| (2) | In setting the scope of the bereaved family under paragraph (1), an embryo shall be deemed already born at the time of the death of a victim subject to relief. |
| (3) | Order of priority by which believed family members are eligible to receive the bereaved family relief fund shall be as enumerated in each subparagraph of paragraph (1), and among those set forth in subparagraphs 2 and 3 of the same paragraph, the order of priority shall be as enumerated in each relevant subparagraph, and in cases of parents, adoptive parents shall take precedence over biological parents. |
| (4) | If a bereaved family member falls under any of the following circumstances, he/she shall be deemed a person ineligible for the bereaved family relief fund: |
| 1. | Where he/she has intentionally caused the death of a victim subject to relief; |
| 2. | Where, before the death of a victim subject to relief, he/she has intentionally caused the death of a bereaved family member eligible to receive the bereaved family relief fund with the priority order being higher than or equal to his/her one, if a victim subject to relief dies; |
| 3. | Where, after the death of a victim subject to relief, he/she has intentionally caused the death of a bereaved family member eligible to receive the bereaved family relief fund with the priority order being higher than or equal to his/her one. |
| Article 19 (Cases Where No Relief Fund May Be Paid) |
| (1) | Where any of the following family relationships exists between a victim subject to relief and the perpetrator as at the time a crime is committed, no relief fund may be paid: |
| 1. | Spouse (including a person in a de facto matrimonial relationship); |
| 2. | Lineal relatives by blood; |
| 3. | Relatives within the fourth degree of relationship; |
| 4. | Relatives residing together. |
| (2) | No partial payment of the relief funds may be made where no kinship falling under any subparagraph of paragraph (1) exists between a victim subject to relief and the perpetrator as at the time a crime is committed: |
| (3) | Where a victim subject to relief commits any of the following offenses, no relief fund may be paid: |
| 1. | Abetting and aiding in the relevant criminal act; |
| 2. | An act that causes the relevant criminal act, such as excessive violence, threat, or serious contempt; |
| 3. | An act that is significantly unjust in connection with the relevant criminal act; |
| 4. | An act of tolerating the relevant criminal act; |
| 5. | An act of joining an organization which is likely to commit an illegal act collectively or habitually (Provided, That this shall not apply where joining the organization is deemed to have no relation to becoming a victim of the relevant criminal injury); |
| 6. | An act of causing death or serious bodily harm to a perpetrator, his/her relative, or any other person who is closely related to a perpetrator in retaliation to the criminal act. |
| (4) | Where a victim subject to relief commits any of the following acts, no partial payment of the relief fund may be paid: |
| 1. | An act that causes the relevant criminal act, such as violence, threat, or contempt; |
| 2. | An inattentive or inappropriate behavior that has contributed to the occurrence or aggravation of the relevant criminal injury. |
| (5) | When paying the bereaved family relief fund, "victim subject to relief" shall be deemed "victim subject to relief or a bereaved family member with the highest priority for receipt thereof" in the application of the provisions of paragraphs (1) through (4). |
| (6) | Where all or some of payment of the relief fund is deemed to contravene prevailing social norms, considering the relationship between a victim subject to relief or his/her bereaved family and the perpetrator, and other circumstances, none or any part of payment thereof may be paid. |
| (7) | Notwithstanding paragraphs (1) through (6), if extenuating circumstances exist to acknowledge that refusal to pay the relief fund is in contravention of prevailing social norms, such as where a practical beneficiary is unlikely to turn out to be the perpetrator, all or any part of the relief fund may be paid. <Newly Amended by Act No. 12779, Oct. 15, 2014> |
| Article 20 (Relationship with Allowances, etc. under Other Statutes) |
Where a victim subject to relief or his/her bereaved family is eligible to receive a wage, etc. under the State Compensation Act or other statutes on account of the relevant criminal injury subject to relief, no relief fund may be paid as prescribed by Presidential Decree.
| Article 21 (Relationship with Compensation for Damage) |
| (1) | Where a victim subject to relief or his/her bereaved family has received any compensation for damage on account of the relevant criminal injury subject to relief, the State shall not pay the amount of a relief fund within the scope of the amount received by him/her. |
| (2) | The State shall vicariously exercise the right to claim compensation for damage which is held by a person who has received the relevant relief fund on account of the criminal injury subject to relief within the scope of the amount of the relief fund paid. |
| (3) | When vicariously exercising the right to claim compensation for damage under paragraph (2), the State may receive such compensation for damage from the work encouragement fund or workers' compensation benefits of an inmate or a person under protective custody who is the perpetrator, as prescribed by Presidential Decree. |
| Article 22 (Amount of Relief Funds) |
| (1) | The amount of the bereaved family relief funds shall be the amount obtained by multiplying the amount of monthly salary, actual monthly income or average monthly wage of the victim subject to relief at the time of his/her death (referring to the time when his/her body is damaged, where he/she dies on account of such damage) by the number of months prescribed by Presidential Decree within the limit of not less than 24 months but not exceeding 48 months taking into consideration the number, ages and conditions for subsistence of the bereaved family members. <Amended by Act No. 12883, Dec. 30, 2014> |
| (2) | The amount of the disability relief fund and a serious injury funds shall be the amount obtained by multiplying the amount of monthly salary, actual monthly income or average monthly wage of the victim subject to relief at the time of damage to his/her body by the number of months prescribed by Presidential Decree within the limit of at least two months but not exceeding 48 months, taking into consideration the degree of the disability or serious injury of the victim, number, ages and conditions for subsistence of the dependent family members. <Amended by Act No. 12883, Dec. 30, 2014> |
| (3) | The amount of the monthly wage, actual monthly income or average monthly wage referred to in paragraph (1) or (2) shall be verified by a certification issued by the head of a tax office, Si/Gun/Gu (referring to an autonomous Gu) having jurisdiction over the victim’s place of domicile, or the head of the institution at which the victim works or other certification which has public trust and is prescribed by Presidential Decree. |
| (4) | In applying paragraph (1) or (2), where the amount of monthly wage or actual monthly income of a victim subject to relief exceeds twice the amount of average wage, the amount equivalent to twice the amount of the average wage shall be deemed the monthly wage or actual monthly income. |
| Article 23 (Relief for Foreigners) |
If a foreigner is a victim subject to relief or a bereaved family member, this Act shall be applicable only where the cross-guarantee agreement with the relevant country exists.
| Article 24 (Council for Relief of Criminal Injury, etc.) |
| (1) | In order to deliberate on and resolve matters concerning the payment of relief funds, a council for relief of criminal injury (hereinafter referred to as "district council") shall be established under each district prosecutor's office, and the Council for the Relief of Criminal Injury (hereinafter referred to as "Central Council") shall be established under the control of the Ministry of Justice. |
| (2) | Each district council shall deliberate on and resolve matters concerning the payment of relief funds which fall under the jurisdiction of each district prosecutor's office under which each district council is established. |
| (3) | The Central Council shall deliberate on and resolve the following: |
| 1. | Cases for which applications for re-deliberation are filed under Article 27; |
| 2. | Other matters under the jurisdiction pursuant to other statutes. |
| (4) | Each district council and the Central Council shall be directed and supervised by the Minister of Justice. |
| (5) | A member among the members of a district council and the Central Council who is not a public official shall be deemed as a public official in applying provisions of Article 127 and Articles 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 14583, Mar. 14, 2017> |
| (6) | Matters concerning the composition, operation, etc. of district councils and the Central Council shall be prescribed by Presidential Decree. <Amended by Act No. 14583, Mar. 14, 2017> |
| Article 25 (Application for Payment of Relief Funds) |
| (1) | A person who intends to receive a relief fund shall file an application thereof to the district council having jurisdiction over his/her place of domicile, place of residence, or place where the crime has occurred, as prescribed by Ordinance of the Ministry of Justice. |
| (2) | No application referred to in paragraph (1) may be filed after three years from his/her acknowledgement of the occurrence of the relevant criminal injury subject to relief or after ten years when the relevant criminal injury subject to relief occurs. |
| Article 26 (Decision on Relief) |
A district council shall, upon receipt of an application under Article 25 (1), make a prompt decision on whether or not to pay a relief fund (including the decision to set the amount thereof, if it decides to make the payment thereof).
| Article 27 (Application for Re-Deliberation) |
| (1) | If a district council dismisses (including cases of partial dismissal) or rejects an application for the payment of a relief fund, the applicant may apply for re-deliberation to the Central Council via the relevant district council within two weeks after the original copy of the judgement is served. |
| (2) | Upon receipt of an application for re-deliberation pursuant to paragraph (1), the district council shall forward all of the records concerning the application for payment of a relief fund to the Central Council within one week from receipt thereof. |
| (3) | The Central Council shall make a decision to provide relief again within four weeks following deliberation with respect to the application filed under paragraph (1). |
| (4) | If a decision made by the district council which has rejected the application for payment of a relief fund is in contravention of statutes, the Central Council may remand the case to such district council. |
| (5) | If an applicant whose application for the payment of a relief fund has been rejected makes necessary corrections thereto and applies for re-deliberation thereon, the Central Council may remand the case to the relevant district council. |
| Article 28 (Payment, etc. of Urgent Relief Fund) |
| (1) | Upon receipt of an application prescribed in Article 25 (1), a district council may make a decision to pay an urgent relief fund upon request or ex officio within the limit prescribed by Presidential Decree, if the degree of a disability of or serious injury to a victim subject to relief is not obvious or if there exists any other extenuating circumstance to prevent the council from making a prompt decision thereof. |
| (2) | An application for payment of an urgent relief fund under paragraph (1) may be filed with the district council having jurisdiction over the applicant's place of domicile, place of residence, or place where the crime has occurred, as prescribed by Ordinance of the Ministry of Justice. |
| (3) | The State shall pay an urgent relief fund upon the decision made by a district council. |
| (4) | Where a decision is made to pay a relief fund to a person who has received an urgent relief fund, the State shall be exempted from the obligation to pay it within the limit of the amount paid as the urgent relief fund. |
| (5) | If the amount of a relief fund determined by a district council is less than that of the urgent relief fund received, the person who has received the urgent relief fund shall refund the difference to the State, and if a district council refuses to pay a relief fund, he/she shall refund the total amount received as the urgent relief fund. |
| Article 29 (Examination, etc. for Determinations) |
| (1) | If necessary to deliberate on matters concerning the payment of a relief fund, a district council may examine the applicant or other persons involved or make them undergo a medical examination, and request any administrative agency, public institution or other organization to check and report necessary matters to the district council. |
| (2) | If an applicant refuses to comply with the examination or rejects the medical examination prescribed in paragraph (1) without justifiable cause, a district council may dismiss the relevant application. |
| Article 30 (Refund of Relief Funds) |
| (1) | If a person who has received a relief fund pursuant to this Act falls under any of the following circumstances, the State may redeem all or some of the amount of the relief fund received by him/her via a determination by the district council or the Central Council: |
| 1. | Where the relief fund is received by fraud or other improper means; |
| 2. | Where any ground prescribed in Article 19 is found after his/her receipt of the relief fund; |
| 3. | Where the relief fund is paid wrongfully. |
| (2) | When the State redeems all or some of the amount of the relief fund pursuant to paragraph (1), it shall be done in the same manner as delinquent national taxes are collected, and the priority order of restitution thereof shall be immediately subordinate to national taxes and local taxes. |
| Article 31 (Extinctive Prescription) |
The right to receive a relief fund shall lapse by prescription, unless exercised two years after the date on which the decision for relief is served to the relevant applicant.
| Article 32 (Protection of Right to Receive Relief Fund) |
No right to receive a relief fund may be transferred, furnished as a collateral security or seized.
CHAPTER V CRIME VICTIM SUPPORT CORPORATIONS
| Article 33 (Registration, etc. of Crime Victim Support Corporations) |
| (1) | Where a crime victim support corporation intends to receive support under this Act, it shall meet the requirements prescribed by Presidential Decree, such as composition of assets and human resources, and be registered with the Minister of Justice in accordance with the procedures prescribed by Presidential Decree. |
| (1) | The State or local governments may provide expenses necessary for operation or projects of crime victim support corporations registered under Article 33 (hereinafter referred to as "registered corporation") within budgetary limits, if deemed necessary to facilitate their sound development and growth. <Amended by Act No. 12883, Dec. 30, 2014; Act No. 14279, Dec. 2, 2016> |
| (2) | The State may provide subsidies for expenses incurred in operating protective shelters of entrusted institutions (excluding crime victim support corporations; hereinafter referred to as "entrusted institutions") pursuant to the latter part of Article 7. <Newly Inserted by Act No. 12883, Dec. 30, 2014> |
| (3) | Registered corporations and entrusted institutions which intend to obtain a subsidy from the Minister of Justice shall submit to the Minister of Justice an application stating necessary matters, including the objective and details of its projects and expenses to be incurred in performing its auxiliary projects, and accompanying documents, as prescribed by Presidential Decree. <Amended by Act No. 12883, Dec. 30, 2014> |
| (4) | Matters concerning the criteria and procedures for subsidization under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 12883, Dec. 30, 2014> |
| Article 35 (Prohibition of Use of Subsidy for Other Than Intended Purpose and Repayment of Subsidies) |
| (1) | Registered corporations or entrusted institutions may use the subsidies received under Article 34 only for purposes of protecting and supporting crime victims. <Amended by Act No. 12883, Dec. 30, 2014> |
| (2) | Where registered corporations or entrusted institutions have made a false statement to complete application form, etc. under Article 34 (3), received the subsidy by other fraudulent means, or used it for other than its intended purposes, the Minister of Justice may demand full or partial repayment of the subsidy given. <Amended by Act No. 12883, Dec. 30, 2014> |
| (3) | The provisions of the Subsidy Management Act shall apply mutatis mutandis to repayment of subsidies. <Amended by Act No. 10898, Jul. 25, 2011> |
| Article 36 (Supervision, etc.) |
| (1) | If deemed necessary, the Minister of Justice may request registered corporations or entrusted institutions to report matters concerning its business affairs, accounting and property or to submit data or issue other necessary orders, and may have a public official under his/her control inspect the actual status of its operation. <Amended by Act No. 12883, Dec. 30, 2014> |
| (2) | Where any executive officer or employee of a registered corporation or entrusted institutions falls under any of the following subparagraphs, the Minister of Justice may order the representative of the relevant corporation to make corrections or demand suspension of performance of duties of such executive officer or disciplinary action against such employee, and may revoke the registration of the relevant corporation or entrusted institution or revoke the entrustment of operation of protective shelters: <Amended by Act No. 12883, Dec. 30, 2014> |
| 1. | Where he/she prepares a false report or materials requested by the Minister of Justice under paragraph (1) or refuses to file such report or submit the materials; |
| 2. | Where he/she refuses, interferes with, or evades the inspection under paragraph (1); |
| 3. | Where a representative neglects to comply with an order for correction, a demand for suspension of duties or for disciplinary action from the Minister of Justice. |
| (3) | The Minister of Justice shall hold a hearing when revoking the registration of a registered corporation prescribed in paragraph (2). |
| Article 37 (Prohibition of Use of Mark Likely to Be Mistaken for Mark of Registered Corporations) |
No entity which is not a registered corporation may use the mark of a registered corporation nor may it use any mark likely to be mistaken for the mark of a registered corporation.
| Article 38 (Prohibition of Exercising Influence over Trial, etc.) |
No person who engages in the business for protection and support for crime victims may conduct any acts to exercise undue influence over investigation, defense or trial, such as demanding that the perpetrator of the crime be punished during criminal proceedings or exerting duress upon persons interested in the case.
| Article 39 (Confidentiality) |
Any person who engages or has engaged in the business for protection and support for crime victims shall not reveal any confidential information relating to any other person's privacy learned in the course of performing such business, but may use it only for purposes of protecting and supporting the crime victims.
| Article 40 (Prohibition of Acceptance of Bribes including Fees) |
No person that engages or has engaged in protection and support for crime victims may demand, or accept, money or valuables under the pretext of fees, etc. on account of protection and support for crime victims: Provided, That the same shall not apply where otherwise expressly provided for in other Acts. <Amended by Act No. 12883, Dec. 30, 2014>
CHAPTER VI CRIMINAL CONCILIATION
| Article 41 (Referring to Criminal Conciliation) |
| (1) | If deemed necessary for the practical recovery from damage suffered by a crime victim through the fair and amicable settlement of a criminal dispute between a suspect and a crime victim (hereinafter referred to as "parties"), a prosecutor may refer the criminal case under his/her investigation to criminal conciliation upon a request of parties or ex officio. |
| (2) | The precise scope of the criminal cases which may be referred to criminal conciliation shall be prescribed by Presidential Decree: Provided, That any one of the following cases shall not be referred to criminal conciliation: |
| 1. | Where a suspect is likely to flee or destroy evidence; |
| 2. | Where the expiration of the period of prescription of a public prosecution is imminent; |
| 3. | Where the case falls under any obvious ground for a non-prosecution disposition (Provided, That the same shall not apply to cases falling under any ground for a prosecution suspension disposition). |
| Article 42 (Criminal Conciliation Committee) |
| (1) | In order to take responsibility for criminal conciliation prescribed in Article 41, a criminal conciliation committee shall be established in each of the district prosecutor's offices at each level or their branch offices. |
| (2) | A criminal conciliation committee shall consist of two or more criminal conciliation committee members. |
| (3) | The criminal conciliation committee members shall be commissioned in advance by the head of the competent district prosecutor's office or heads of its branch offices from among those having expertise, including legal knowledge necessary for criminal conciliation, and social reputation. |
| (5) | The terms of office for the criminal conciliation committee members shall be two years, and may be renewed. |
| (6) | The Chairperson of the criminal conciliation committee shall be commissioned by the head of the competent district prosecutor's office or heads of its branch offices from among the criminal conciliation committee members. |
| (7) | Allowances may be paid to criminal conciliation committee members within budgetary limits as prescribed by Ordinance of the Ministry of Justice and, if necessary, travel expenses, daily allowances, and lodging expenses may be paid. |
| (8) | Matters concerning the composition and operation of the criminal conciliation committee and the appointment and dismissal of the members thereof other than those prescribed in paragraphs (1) through (7) shall be prescribed by Presidential Decree. |
| Article 43 (Procedures for Criminal Conciliation) |
| (1) | The criminal conciliation committee shall strive to bring about fair and amicable reconciliation between parties and facilitate a crime victim’s practical recovery from the damage he/she has suffered. |
| (2) | If a case is referred to criminal conciliation, the committee shall take procedures for criminal conciliation without delay. |
| (3) | If deemed necessary, a criminal conciliation committee may order a person who has a stake in the outcome of criminal conciliation to participate in criminal conciliation upon request of such stakeholder or ex officio. |
| (4) | Matters concerning the procedures for criminal conciliation other than those prescribed in paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 44 (Forwarding, etc. of Relevant Materials) |
| (1) | A criminal conciliation committee may request a prosecutor who has referred a criminal case to criminal conciliation to send copies of relevant materials, such as documents submitted by parties in connection with the relevant criminal case, investigation documents, and articles of evidence. |
| (2) | The prosecutor may, upon receipt of a request referred to in paragraph (1), forward the relevant materials to the criminal conciliation committee, if deemed necessary for criminal conciliation: Provided, That he/she may exclude herefrom the part which is deemed likely to infringe upon the confidentiality of privacy or reputation of the parties or a third party or is deemed necessary to keep confidentiality for investigation purpose. |
| (3) | Parties may submit materials concerning the factual assertions related to the relevant criminal case to the criminal conciliation committee. |
| (4) | A criminal conciliation committee may, with the consent of the person who has submitted materials or made statements under paragraphs (1) through (3), allow the other party to inspect such materials, or deliver or forward a copy thereof to the other party. |
| (5) | Matters concerning the procedures for delivery or submission of the relevant materials, method of ascertaining the consent for inspection, etc. shall be prescribed by Presidential Decree. |
| Article 45 (Completion of Criminal Conciliation Procedures) |
| (1) | The criminal conciliation committee shall record the process of criminal conciliation in writing on each designated date for criminal conciliation, and prepare a written statement of the outcomes thereof if conciliation is concluded. |
| (2) | When no suspicion is obviously deemed to exist on account of the counterfeit of evidence, false statement, and any other ground found during the conciliation process, the criminal conciliation committee shall suspend the conciliation and return the case to the competent prosecutor. |
| (3) | The criminal conciliation committee shall, upon completing a criminal conciliation process, forward the relevant criminal case to the prosecutor who has referred the case to criminal conciliation, attached with the documents prescribed in paragraph (1). |
| (4) | A prosecutor may take the outcomes of criminal conciliation into account when investigating and handling a criminal case: Provided, That, he/she shall not take into account the circumstances of disagreement in criminal conciliation to the disadvantage of the suspect. |
| (5) | Matters concerning the process of criminal conciliation, and the form, etc. of a document that has stated the results thereof, shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 46 (Provisions Applicable Mutatis Mutandis) |
The provisions of Articles 38 through 40 shall apply mutatis mutandis to a person who is or was a criminal conciliation committee member.
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 46-2 (Cooperation of Police Station) |
Where it is necessary to provide any urgent relief to a victim or any family member of a victim, the head of a crime victim support corporation or the head of a protective shelter may request the chief of the police station (including police patrol units, police substations and branch police stations to assign an employee under his/her jurisdiction to accompany him/her, and the head of a police station in receipt of such request shall comply therewith unless any extenuating circumstances exist.
[This Article Newly Inserted by Act No. 12883, Dec. 30, 2014]
CHAPTER VIII PENALTY PROVISIONS
| Article 47 (Penalty Provisions) |
| (1) | A person who receives a subsidy under Article 34 by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 20 million won. |
| (2) | A person who uses a subsidy for a purpose other than protection and support for crime victims, in violation of Article 35 (1), shall be punished by imprisonment with labor for not more than three years or a fine not exceeding ten million won. |
| Article 48 (Penalty Provisions) |
A person that falls under either of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won: <Amended by Act No. 12187, Jan. 7, 2014>
| 1. | A person that reveals the confidential information of any other person or who uses such information for other than the intended purposes for protection and support for crime victims or for criminal conciliation, in violation of Article 39 or 46; |
| 2. | A person that demands or accepts money or valuables, in violation of Article 40 or 46. |
| Article 49 (Joint Penalty Provision) |
Where the representative of a corporation, or the agent or employee of, or others employed by a corporation or an individual commits an offense in violation of Article 47 or 48 in relation with the business of such corporation or individual, not only shall such offender be punished accordingly, but the corporation or the individual shall also be punished by the fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or the individual has not neglected reasonable care and supervision with regard to the relevant business in order to prevent such offense from occurring.
| Article 50 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding three million won: |
| 1. | A person who falls under any subparagraph of Article 36 (2); |
| 2. | A person who uses the mark of a registered corporation or uses any name intended to be mistaken as the name of a registered corporation in violation of Article 37; |
| 3. | A person who conducts any act to exercise undue influence over investigation, exculpation, or trial in violation of Article 38 or 46. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Justice as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Repeal of Other Acts)
Article 3 (General Transitional Measures)
Any disposition, procedure or other acts made, taken or committed under the former Crime Victim Aid Act at the time this Act enters into force shall be deemed to have been made, taken or committed under this Act. Article 4 (Transitional Measures concerning Relief)
Relief for a criminal injury occurred before this Act enters into force shall be governed by the former Crime Victim Aid Act. Article 5 (Relationship with Other Statutes)
A citation of the former Crime Victim Aid Act, the former Crime Victim Protection Act, or any provision thereof by any other statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists in this Act.
ADDENDA <Act No. 10898, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 12187, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12779, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 19 (7) shall apply where an application for payment of relief funds is filed after this Act enters into force.
ADDENDA <Act No. 12883, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Payment of Relief Funds)
The payment of relief funds related to criminal acts committed before this Act enters into force shall be governed by the former provisions.
ADDENDUM <Act No. 14279, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14583, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.