ENFORCEMENT DECREE OF THE CRIME VICTIM PROTECTION ACT
Wholly Amended by Presidential Decree No. 22339, Aug. 13, 2010
Amended by Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23891, jun. 29, 2012
Presidential Decree No. 24415, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26148, Mar. 17, 2015
Presidential Decree No. 26192, Apr. 14, 2015
Presidential Decree No. 26901, Jan. 19, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28474, Dec. 19, 2017
Presidential Decree No. 29180, Sep. 18, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for the matters delegated from the Crime Victim Protection Act and those necessary for the enforcement thereof.
| Article 2 (Criteria for Disability) |
| (2) | Where two parts are physically disabled due to criminal injuries, grades by parts pursuant to attached Table 1 shall be determined and then the generally rated grade shall be determined pursuant to attached Table 2. |
| (3) | Where three or more parts are physically disabled, the generally rated grade on two parts of the highest grade shall be determined first pursuant to attached Table 2 and then the final grade shall be determined by general rating of such grade and one part of the highest grade from among the remaining parts pursuant to attached Table 2. |
| Article 3 (Criteria for Serious Injuries) |
"As prescribed by Presidential Decree" in Article 3 (1) 6 of the Act means cases where an injury or disease falls under any of the following subparagraphs and two or more months are necessary for medical treatment of the relevant injury or disease: <Amended on Apr. 14, 2015; Dec. 19, 2017> | 1. | Where important organs related to life and functions of a person are injured; |
| 2. | Where a part of body is cut, burst or deformed seriously; |
| 3. | In addition to matters prescribed by subparagraphs 1 and 2, as cases where a body is injured or its physiological function is damaged and hospital treatment thereof for not less than one week is required, where it corresponds to subparagraph 1 or 2; |
| 4. | As a serious mental disease due to criminal injury, where it is required to be admitted to hospital for treatment for not less than three days. |
| Article 3-2 (Management of Sensitive Information and Personally Identifiable Information) |
The Minister of Justice, the chief prosecutor of District or branch prosecutor’s office, a prosecutor, the chief of a police agency, the Council for Relief of Criminal Injury (hereinafter referred to as "Central Council") under Article 24 of the Act, a council for the relief of criminal injury (hereinafter referred to as "district council") under Article 24 of the Act, or a crime victim support corporation (including a corporation, institution and organization, to which the operation of protective shelter under Article 7 (2) of the Act (hereinafter referred to as “protective shelter”) is entrusted, concerning affairs provided in subparagraph 2) may manage data about health status under Article 23 of the Personal Information Protection Act, genetic information or information falling under criminal history records under subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, and data that contain resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the same Decree, where it is inevitable to perform the following affairs: <Amended on Apr. 14, 2015> | 1. | Affairs related to counselling, provision of medical services, payment of relief fund, legal aid, employment-related assistance, and dwelling support under Article 7 (1) of the Act; |
| 2. | Affairs related to the operation of counselling and therapy programs under Article 7 (3) of the Act and the entry to and exit from protective shelter under paragraph (4) of the same Article; |
| 3. | Affairs related to the guarantee of exercising criminal procedural rights and the provision of information pertaining to criminal proceedings under Article 8 of the Act; |
| 5. | Affairs related to the protection of and support for crime victims provided by crime victim support corporations registered under Article 33 of the Act; |
| 6. | Other affairs related to the support on recovery of damages of crime victims such as provision of information necessary for claiming civil compensation concerning criminal damages. |
[This Article Newly Inserted on Jan. 6, 2012]
CHAPTER II BASIC POLICIES OF PROTECTION AND SUPPORT FOR CRIME VICTIMS
| Article 4 (Application for Dwelling Support) |
| (1) | Where a crime victim intends to receive dwelling support, such as preferential moving into a people’s rental house pursuant to Article 7 (1) of the Act, he/she shall file an application with a district council which has jurisdiction over his/her place of domicile. <Amended on Jan. 6, 2012> |
| (2) | Kinds of dwelling support to crime victims, documents required for application therefor, the method of and procedures for the selection thereof, and other necessary matters shall be determined by the Minister of Justice and publicly notified in the Official Gazette. |
| Article 5 (Standards for Establishment and Operation of Protective Shelter) |
The standards for the establishment and operation of a protective shelter pursuant to Article 7 (4) of the Act shall be as attached Table 3.
| Article 6 (Standards and Procedures for Entering or Leaving Protective Shelter) |
| (1) | Any person who is recommended by a prosecutor, the chief of the headquarters of police, or the head of a crime victim support corporation or a protective shelter because he/she is deemed in need of intensive psychological treatment or a place to stay temporarily, from among crime victims, may enter a protective shelter. <Amended on Apr. 14, 2015> |
| (2) | Any person who has entered a protective shelter pursuant to paragraph (1) may leave the protective shelter according to his/her own will, or the head of a protective shelter may order him/her to leave the protective shelter in cases where he/she falls under the following subparagraphs: |
| 1. | Where the purpose of protection is attained; |
| 2. | Where he/she has entered a protective shelter by fraud or other improper means; |
| 3. | Where he/she has committed grave disorderly conduct in a protective shelter; |
| 4. | Where he/she has grossly violated the rules for operation of protective shelters determined by the Minister of Justice. |
| Article 7 (Procedures for Entrusted Operation of Protective Shelter) |
| (1) | Where the Minister of Justice intends to entrust the operation of a protective shelter pursuant to Article 7 (2) of the Act, he/she shall select and entrust a corporation, institution, or organization meeting the standards for the establishment and operation pursuant to Article 5. <Amended on Apr. 14, 2015> |
| (2) | A corporation, institution or organization which intends to be entrusted with the operation of a protective shelter, shall file an application with the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice. <Amended on Apr. 14, 2015> |
| (3) | Where the Minister of Justice has selected a corporation, institution or organization to be entrusted with the operation of a protective shelter, he/she shall determine and publicly notify the name of such corporation, institution or organization, the period of entrustment and other matters in the Official Gazette. <Amended on Apr. 14, 2015> |
| Article 8 (Supervision on Entrusted Operation of Protective Shelter) |
| (1) | The Minister of Justice may have a corporation, institution or organization entrusted with the operation of a protective shelter (hereinafter referred to as "entrusted corporation, etc.") pursuant to Article 7 (2) report matters concerning its business and order it to submit materials, etc., and have a public official under his/her control have access to an entrusted corporation and investigate its books, documents, etc. <Amended on Apr. 14, 2015> |
| (2) | Where an entrusted corporation, etc. falls under any of the following subparagraphs, the Minister of Justice may order it to correct any of them: <Amended on Apr. 14, 2015> |
| 1. | Where a protective shelter fails to meet the standards for the establishment and operation pursuant to Article 5; |
| 2. | Where the conduct of business of an entrusted corporation, etc. is deemed illegal or unjust. |
| (3) | Where entrustment ends or is suspended, an entrusted corporation, etc. shall submit all the materials related to the operation of a protective shelter it is keeping to the Minister of Justice or transfer the same to a corporation institution or organization selected by the Minister of Justice within one month. <Amended on Apr. 14, 2015> |
| Article 9 (Operation of Counselling and Treatment Programs) |
The head of a protective shelter shall formulate and execute counselling and treatment programs in which characteristics of protective shelter residents taken into account for equilibrium in their minds and bodies, and record and keep the details thereof pursuant to Article 7 (3) of the Act.
| Article 10 (Provision of Information Related to Criminal Procedures on Crime Victims) |
| (1) | Detailed matters of information related to criminal procedures (hereinafter referred to as "information related to criminal procedures") which may be provided to victims of crime pursuant to Article 8 of the Act shall be as follows: |
| 1. | Matters related to investigation: Results of disposition of an investigative agency, such as prosecution, non-prosecution, stay of prosecution, stoppage of a person for reference, and transfer; |
| 2. | Matters of the progress of a trial: The date of a trial, a court to which a public action is instituted, the text of a judgment, the date of adjudication, the decision of judgment, whether to appeal; |
| 3. | Status of the execution of sentence: Provisional release, release, transfer, death, desertion, etc.; |
| 4. | Status of the execution of probation: The competent probation office, the date of commencement and the date of completion of probation, community service, orders to attend a lecture, the date of suspension and the date of cancellation of the suspension of probation, etc. |
| (2) | In principle, information related to criminal procedures shall be provided to victims of crime: Provided, That where explicit consent has been given by a victim of crime, the relevant information may be provided to a crime victim support corporation. |
| (3) | Where a crime victim requests information related to criminal procedures, the relevant State agency shall provide him/her with such information: Provided, That where it is feared that provision of information related to criminal procedures may do harm to the honor, confidential information on private life, safety of life or body, or serenity of life of an interested person in a case, information related to criminal procedures need not be provided. |
| (4) | Information related to criminal procedures shall be provided in writing, verbally, by facsimile and by other methods corresponding thereto. |
| Article 10-2 (Provision of Information on Crime Victims) |
| (1) | When a prosecutor or judicial police officer investigates a crime victim, he/she shall provide information of the subparagraphs of Article 8-2 (1) of the Act to the crime victim: Provided That if not investigating a crime victim, he/she shall provide information as follows: |
| 1. | A judicial police officer: When forwarding cases; |
| 2. | A prosecutor: When disposing cases. |
| (2) | A prosecutor or judicial police officer may substitute the provision of information pursuant to paragraph (1) with provision of information to the guardian of a crime victim (referring to a person having parental authority, a protector, a person who protects or fosters the victim or has such obligation thereto, or a person who substantially protects or supervises the victim due to the relationship of business or employment, etc.) or a person who is in fiduciary relation. |
| (3) | Notwithstanding paragraphs (1) and (2), a prosecutor or judicial police officer may not provide information where there is a difficult reason in provision of information such cases that a crime victim specifically refuses the receipt of information, or it is ambiguous to identify the location of a crime victim. |
| (4) | It shall be in principle for provision of information under paragraph (1) and (2) as delivering in writing: Provided, That where there is a cause making it impracticable to deliver in writing such as cases that a crime victim disobey the request of attendance, it may be provided by oral, telephone, facsimile, mail or other similar means. |
[This Article Newly Inserted on Apr. 14, 2015]
CHAPTER III MASTER PLAN FOR PROTECTION AND SUPPORT FOR CRIME VICTIMS
| Article 11 (Formulation of Master Plan for Crime Victims) |
| (1) | The Minister of Justice shall formulate a master plan for the protection and support for crime victims (hereinafter referred to as "master plan") pursuant to Article 12 of the Act by September 30 of the year preceding the commencing year of the master plan. |
| (2) | The Minister of Justice shall notify the head of the relevant central administrative agency, the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") of a master plan formulated pursuant to paragraph (1) by October 31 of the year preceding the commencing year of the master plan. |
| Article 12 (Formulation of Annual Implementation Plan) |
| (1) | The Minister of Justice, the head of the relevant central administrative agency and the Mayor/Do Governor shall formulate an annual implementation plan (hereinafter referred to as "implementation plan") pursuant to Article 13 of the Act every year by December 31 of the previous year. In such cases, the head of the relevant central administrative agency and the Mayor/Do Governor shall formulate and submit an implementation plan to the Minister of Justice. |
| (2) | The head of the relevant central administrative agency and the Mayor/Do Governor shall submit the performance results according to an implementation plan of the previous year to the Minister of Justice by the end of February every year. |
| Article 13 (Formation of Crime Victim Protection Committee) |
| (1) | The Minister of Justice shall be the Chairperson of the Crime Victim Protection Committee (hereinafter referred to as the "Protection Committee") pursuant to Article 15 of the Act. |
| (2) | The following persons shall be the members of the Protection Committee: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Vice Minister of Economy and Finance, the Vice Minister of Education, the Vice Minister of Justice, the Vice Minister of the Interior and Safety, the Vice Minister of Health and Welfare, the Vice Minister of Gender Equality and Family, the Vice Minister of National Court Administration, the Deputy Prosecutor General of Supreme Prosecutors' Office, and the Deputy Commissioner of National Policy Agency; |
| 2. | Ten or fewer civilian members commissioned by the Minister of Justice from among persons who have expertise and considerable experience in the protection of and support for crime victims. |
| (3) | The term of office of a member commissioned pursuant to paragraph (2) 2 shall be two years and he/she may be reappointed twice only, and the term of office of a supplementary member shall be the remaining term of office of his/her predecessor. <Amended on Jan. 19, 2016> |
| (4) | The Minister of Justice, where a member under paragraph (2) 2 falls under any of the follows, may dismiss the relevant member: <Newly Inserted on Apr. 14, 2015; Jan. 19, 2016> |
| 1. | Where he/she may not perform his/her duties due to a mental disorder; |
| 2. | Where he/she is under indictment for a criminal case related to his/her duties; |
| 3. | Where he/she is deemed not to be suitable for a member due to neglect of duties, injury to dignity, and other reasons; |
| 4. | Where a member notifies his/her intention by himself/herself that it is impractical for him/her to perform his/her duties. |
| Article 14 (Duties of Chairperson of Protection Committee) |
| (1) | The chairperson of the Protection Committee shall represent the Protection Committee, have overall control of general affairs, and convene and preside over meetings of the Protection Committee. |
| (2) | When the chairperson of the Protection Committee is unable to perform his/her duties owing to extenuating circumstances, a member appointed in advance by the chairperson shall perform his/her duties on his/her behalf. |
| (3) | A meeting of the Protection Committee shall be held with the attendance of a majority of the incumbent members and a resolution shall be made with the consent of a majority of the members present. |
| (4) | One administrative secretary shall be assigned to the Protection Committee to conduct its business and he/she shall be appointed by the Minister of Justice from among public officials belonging to the Ministry of Justice. |
| (5) | In addition to the matters prescribed by paragraphs (1) through (4), matters required for the operation of the Protection Committee shall be determined by the chairperson, following a resolution by the Protection Committee. |
| Article 15 (Working Committee) |
| (1) | The working committee shall be established in the Protection Committee to conduct the following matters: |
| 1. | Advance review of items to be presented on the agenda to the Protection Committee; |
| 2. | Professional investigation and research in items to be presented on the agenda to the Protection Committee; |
| 3. | Other matters on which the Chairperson of the working committee has requested deliberation. |
| (2) | The working committee shall be comprised of up to 20 members, including one chairperson. |
| (3) | The Vice Minister of Justice shall be the Chairperson of the working committee. |
| (4) | The following persons shall be the members of the working committee: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | From among public officials of the rank of assistant minister or director general belonging to the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family, the National Court Administration, the Supreme Prosecutors' Office, and the National Policy Agency, one person each appointed by the head of the relevant agency; |
| 2. | From among persons who have expertise and considerable experience in protecting and supporting crime victims, ten or fewer civilian members commissioned by the Minister of Justice. |
| (5) | Articles 13 (3) and (4), 14 (1) and (3) shall apply mutatis mutandis to the formation and operation of the working committee. <Amended on Apr. 14, 2015> |
| (6) | If necessary, the working committee may establish subcommittees belonging thereto for its efficient operation, and matters necessary for the establishment and operation, etc. of subcommittees shall be determined by the chairperson of the working committee, following a resolution by the working committee. |
CHAPTER IV AID TO CRIME VICTIMS SUBJECT TO RELIEF
| Article 16 (Relationship with Benefits, etc. from Other Statutes) |
Where an victim subject to relief (hereinafter referred to as "victim subject to relief") pursuant to Article 16 of the Act or his/her bereaved family may receive compensation or a benefit, etc. which falls under any of the following subparagraphs, relief fund (hereinafter referred to as "relief fund") pursuant to Article 16 of the Act shall not be paid within the extent of such amount receivable pursuant to Article 20 of the Act: <Amended on Apr. 14, 2015; Sep. 18, 2018> | 3. | A compensation for loss pursuant to Article 30 of the Compulsory Motor Vehicle Liability Security Act; |
| 4. | Compensation pursuant to Article 8 of the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good; |
| 6. | An injury and disease benefit, disability benefit, compensation benefit in lump sum, and bereaved family benefit under the Act on Accident Compensation Insurance for Fishing Vessels and Their Crew Members; |
| 8. | Compensation pursuant to Article 17 of the Establishment and Operation of Volunteer Fire Brigade Act; |
| Article 17 (Report on Receipt of Compensation for Loss) |
If any person who has applied for payment of relief fund receives compensation for loss by reason of the relevant criminal injury, he/she shall submit documents (including electronic documents) stating the following matters to a district council to which he/she has applied for payment of relief fund:
| 1. | The name and address of a person who has received compensation for loss and his/her relationship with an victim subject to relief; |
| 2. | The name, address and occupation of a person who has paid compensation for loss and his/her relationship with an assailant; |
| 3. | The date on which he/she received compensation for loss; |
| 4. | The amount of compensation for loss received and the details thereof. |
| Article 18 (Exercise of Rights to Claim Compensation for Damages in Subrogation) |
| (1) | When a district council has decided to pay relief fund to a victim subject to relief, it shall determine at the same time whether to exercise the right to claim compensation for damages against an assailant in subrogation of the right to claim for damages pursuant to Article 21 (2) of the Act. <Amended on Apr. 14, 2015> |
| (2) | Where a district council has determined that it is required to exercise the right to claim compensation for damages in subrogation thereof pursuant to paragraph (1), the chief public prosecutor of a district public prosecutors’ office shall commence State litigation under the Act on Litigation to Which the State Is a Party. <Amended on Apr. 14, 2015> |
| (3) | Where a district council receives compensation for damages by litigation pursuant to paragraph (2), voluntary repayment from an assailant, etc., it shall pay the amount received in the fund for protection of crime victims under the Crime Victim Protection Fund Act. <Amended on Apr 14, 2015> |
| Article 19 (Exercise of Rights in Subrogation to Claim Compensation for Damages from Work Encouragement Fund or Workers' Compensation Benefits) |
| (1) | A district council shall deliberate on and decide whether to exercise the right in subrogation to claim compensation for damages thereof on work encouragement fund or workers' compensation benefits of a convicted person or a person under protective custody who is an assailant, pursuant to Article 21 (3) of the Act, and where it exercises the right to subrogation thereof, it shall deliberate on and decide the rate to be deducted from work encouragement fund or workers' compensation benefits within the extent not exceeding 50/100. <Amended on Apr. 14, 2015> |
| (2) | Where a district council exercises the right to claim compensation for damages in subrogation thereof pursuant to paragraph (1), the chairperson of the district council shall notify the warden of a correctional institution, detention center or protective custody office (hereinafter referred to as "warden of a correctional institution, etc.") in which an assailant is confined of the fact that it has paid relief fund, the fact that it has decided to exercise the right to claim compensation for damages in subrogation and the amount claimed in subrogation and the rate deducted from work encouragement fund or workers' compensation benefits . <Amended on Apr. 14, 2015> |
| (3) | The warden of a correctional institution, etc. who has been notified pursuant to paragraph (2) shall, with the consent of an assailant, pay the amount deducted from work encouragement fund or workers' compensation benefits which he/she receives, in the fund for protection of crime victims under the Crime Victim Protection Fund Act, as determined by the Minister of Justice. |
[Title Amended on Apr. 14, 2015]
| Article 20 (Amount of Monthly Salary or Actual Monthly Income) |
| (1) | The wages paid to the relevant victim subject to relief or the amount of his/her actual income for three months before the date a cause arose to calculate the amount of monthly salary or of actual monthly income pursuant to Article 22 of the Act shall be the amount of monthly salary or actual monthly income. Where the relevant victim subject to relief has been employed less than three months, the monthly average amount during that period shall be the amount of monthly salary or actual monthly income. |
| (2) | Where an amount of relief fund is calculated pursuant to Article 22 of the Act, if the amount of monthly salary or actual monthly income cannot be proven or the amount of monthly salary or actual monthly income is less than the average wages pursuant to Article 21, the amount of relief fund shall be determined based on the average wages. |
| Article 21 (Basis of Average Wages) |
| (1) | The average wages pursuant to Article 22 of the Act shall be based on daily-employed labor wages based on national statistics of an ordinary male or female worker which is investigated by a wage investigative agency which regularly publishes statistics of wages six or more times each year: Provided, That where there are no national statistics, the average wages shall be based on daily-employed labor wages by statistics of the Seoul Special Metropolitan Area. |
| (2) | Wages referred to in paragraph (1) shall be based on statistics on the unit price of construction wages which have public confidence, and where there are no statistics on the unit price of construction wages which have public confidence, based on statistics on the unit price of governmental wages, and where there are no statistics on the unit price of governmental wages, based on daily-employed labor wages of an ordinary male or female worker which have been investigated by a method which has public confidence. |
| Article 22 (Amount of Relief Fund for Bereaved Family) |
"Number of months prescribed by Presidential Decree" multiplying the amount of monthly salary or actual monthly income of an victim subject to relief or average wages (hereinafter referred to as "amount of salary, etc.") in the calculation of relief fund for a bereaved family pursuant to Article 22 (1) of the Act means the number of months calculated by multiplying the number of months according to the classification referred to in the following subparagraphs by multiples referred to in attached Table 4: Provided, That no amount of relief fund for a bereaved family shall exceed the amount for 36 months of average wages: <Amended on Mar. 17, 2015>
| Article 23 (Amount of Relief Fund for Disabilities) |
"Number of months prescribed by Presidential Decree" multiplying the amount of salary, etc. of a victim subject to relief in the calculation of relief fund for a disability pursuant to Article 22 (2) of the Act means the number of months calculated by multiplying the number of months by grade of disability according to the classification referred to in the following subparagraphs by multiples referred to in the attached Table 5: Provided, That no amount of relief fund for a disability shall exceed the amount of average wages for 40 months: <Amended on Mar. 17, 2015> | 11. | Grade 11 or 12: 3 months; |
| 12. | Grade 13 or 14: 2 months. |
| Article 24 (Amount of Relief Fund for Serious Injuries) |
| (1) | "Number of months prescribed by Presidential Decree" multiplying the amount of salary, etc. of a victim subject to relief in the calculation of relief fund for serious injury pursuant to Article 22 (2) of the Act means the number of months calculated by multiplying the number of months deemed necessary for medical treatment of the relevant serious injury by a medical certificate, etc. issued by a doctor belonging to a medical institution of general hospital class referred to in Article 3 (2) 3 of the Medical Service Act by multiples referred to in attached Table 5: Provided, That no amount of relief fund for a serious injury shall exceed the amount for 40 months of average wages. <Amended on Mar. 17, 2015> |
| (2) | Where the period of medical treatment stated in a medical certificate, etc. referred to in paragraph (1) is expressed in days, the number of months shall be determined at the ratio converting 30 days into one month. |
| (3) | Where the period of medical treatment stated in a medical certificate or such, referred to in paragraph (1) is expressed in weeks, it shall be converted into days and the number of months shall be determined based on the method referred to in paragraph (2). |
| Article 25 (Special Cases on Payment of Relief Fund) |
| (1) | Where a person who has already received relief fund for a disability dies due to the relevant criminal offense, relief fund for his/her bereaved family shall be paid, and the amount thereof shall be an amount calculated by deducting relief fund for a disability already paid from relief fund for his/her bereaved family pursuant to Article 22 (1) of the Act. |
| (2) | Where a person who has already been paid relief fund for a serious injury dies or suffers a disability due to the relevant criminal offense, relief fund for his/her bereaved family or relief fund for a disability shall be paid, and the amount thereof shall be an amount calculated by deducting relief fund for a serious injury already paid from relief fund for his/her bereaved family pursuant to Article 22 (1) of the Act or relief fund for a disability pursuant to paragraph (2) of the same Article. |
| Article 26 (Functions of District Councils) |
A district council shall deliberate on and decide the following matters: <Amended on Apr. 14, 2015>
| 1. | Whether a victim subject to relief has a disability or serious injury, and judgment of disability grade; |
| 2. | Matters concerning the protection and support of crime victims, such as dwelling support; |
| 3. | Whether relief fund is to be paid to a victim subject to relief, and the amount of relief fund; |
| 4. | Whether urgent relief fund is to be paid to an victim subject to relief, and the amount of urgent relief fund; |
| 5. | Whether the right to claim for damages in subrogation is to be exercised against an assailant, and the deduction ratio from among a bounty for work or compensation for labor of a convicted person or a person subject to protective custody who is an assailant. |
| Article 27 (Formation of District Councils) |
| (1) | A district council shall be comprised of the chairperson who is the deputy chief prosecutor of a district prosecutors’ office, and four members appointed or commissioned by the Minister of Justice from among the public officials of the relevant district prosecutors' office, persons who are qualified for lawyers, doctors, and persons who have experiences and knowledges for affairs of protection of crime victims. <Amended on Apr. 14, 2015; Jan. 19, 2016> |
| (2) | A term of a member appointed under paragraph (1) shall be two years and may be reappointed twice only. <Newly Inserted on Jan. 19, 2016> |
| (3) | The Minister of Justice, where a member under paragraph (1) falls under any of the followings, may discharge or dismiss the relevant member: <Newly Inserted on Jan. 19, 2016> |
| 1. | Where he/she may not perform his/her duties due to a mental disorder; |
| 2. | Where he/she conducts misdeed related to his/her duties; |
| 3. | Where he/she is deemed not to be suitable for a member due to neglect of duties, injury to dignity, and other reasons; |
| 4. | Where he/she does not make evasion notwithstanding falling under any of the subparagraphs of Article 27-2 (1); |
| 5. | Where a member notifies his/her intention by himself/herself that it is difficult for him/her to perform his/her duties. |
| Article 27-2 (Disqualification, Challenge and Voluntary Refrainment) |
| (1) | Where a member of a district council (hereinafter referred to as “member” in this Article) falls under any of the followings, he/she shall be disqualified from deliberation and decision of the district council: |
| 1. | Where a member or his/her spouse, or who was his/her spouse is the party of the relevant agenda, or a joint holder of the right or a co-obligor of the party of the relevant agenda; |
| 2. | Where a member is the relative or was the relative of the party of the relevant agenda; |
| 3. | Where a member testifies, states, consults or appraises the relevant agenda; |
| 4. | Where a member, or a corporation or organization, etc. to which a member belongs is an agent or was an agent of the party of the relevant agenda. |
| (2) | The party of the relevant agenda, where a member is considered to have any cause for which he/she is unable to make fair deliberation and decision, may request challenge from the district council, and the district council shall make decision through resolution. In such cases, the member who is subject to the application for challenge may not participate in the relevant decision. |
| (3) | Where a member falls under a reason of exclusion pursuant to the subparagraphs of paragraph (1), he/she shall evade the deliberation and decision of the relevant agenda by himself/herself. |
[This Article Newly Inserted on Jan. 19, 2016]
| Article 28 (Duties of Chairpersons) |
| (1) | The chairperson of a district council shall represent the district council and have overall control of general affairs. |
| (2) | Where the chairperson of a district council is unable to perform his/her duties owing to extenuating circumstances, a member appointed by the chairperson shall perform his/her duties on his/her behalf, and where he/she has not appointed a member acting for him/her, a senior member who is a public official belonging to an agency in which a district council has been established shall perform his/her duties on his/her behalf. |
| Article 29 (Jurisdiction of District Councils) |
The jurisdiction of a district council shall be the jurisdiction of a district prosecutors' office (including the jurisdiction of a branch office, in cases of a branch office) in which each district council is established.
| Article 30 (Designation of Jurisdiction) |
| (1) | Where an application for payment of relief fund has been received by two or more district councils including a district council which has jurisdiction over the domicile of an applicant, the district council having jurisdiction over his/her domicile shall have jurisdiction over such application. |
| (2) | With regard to a matter, the jurisdiction over which is obscure, the Minister of Justice shall, at the request of an applicant or a district council, or ex officio, designate a district council which is to have jurisdiction over such matter. |
| (3) | Where a district council is unable to deal with a matter pursuant to paragraphs (1) and (2) or a matter is not deemed to belong to its jurisdiction, it shall transfer such matter to the competent district council. |
| (4) | Where a district council deems it necessary for the prevention of remarkable losses or delay with respect to a matter belonging to its jurisdiction, it may transfer such matter to another district council. |
| (5) | A district council which has transferred a matter to another district council pursuant to paragraphs (1) through (4) shall notify an applicant of such fact without delay. |
| (1) | The chairperson of a district council shall call a conference of the district council and preside over the conference. |
| (2) | A conference of a district council shall be held with the attendance of a majority of the incumbent members including the chairperson and a resolution shall be made with the consent of two-thirds or more of the members present. |
| (3) | Where opinions on the amount of relief fund are divided into three or more categories and each opinion does not constitute two-thirds of the consent, an opinion in favor of the largest constituent shall be followed, from among the amount calculated by adding the number of opinions in favor of the large amount in order to the number of opinions in favor of the smallest amount until it constitutes two-thirds of the consent. |
| Article 32 (Clerical Employees) |
| (1) | A district council shall have an administrative secretary and a clerk who will take charge of its business. |
| (2) | An administrative secretary and a clerk shall be appointed by the chief public prosecutor of the relevant district public prosecutors' office on the recommendation of the chairperson of a district council from among the public officials belonging to the district public prosecutors' office in which the district council is established. |
| (3) | An administrative secretary shall conduct business of a district council under the direction of the chairperson of the district council and may attend a conference and express his/her opinion. |
| (4) | A clerk shall assist an administrative secretary. |
| Article 33 (Allowances for Members) |
Allowances shall be given to members attending a conference of a district council within budgetary limits: Provided, That this shall not apply to cases where a member who is a public official attends a conference in direct relation to his/her business.
| Article 34 (Direction and Supervision by Minister of Justice) |
| (1) | The Minister of Justice may issue orders or take measures necessary for the direction and supervision of each district council. |
| (2) | Where the Minister of Justice deems it necessary for performing his/her duties referred to in paragraph (1), he/she may have public officials under his/her command or public prosecutors at all levels of prosecutors' offices inspect how each district council conducts its affairs. |
| Article 35 (Formation and Conference of Central Council) |
| (1) | The Vice Minister of Justice shall be the chairperson of the Central Council. <Amended on Jan. 6, 2012> |
| (2) | The Minister of Justice shall appoint or commission six members from among public officials belonging to the Ministry of Justice, judges, attorneys-at-law, doctors, and persons who have expertise and considerable experience in relief of criminal injury, and one public official belonging to the Ministry of Justice, one judge, one attorney-at-law, and one doctor shall be included in the Central Council. |
| (3) | The term of a member appointed to the Central Council shall be two years, and he/she may be reappointed twice only. <Newly Inserted on Jan. 19, 2016> |
| (4) | Articles 27 (3), 27-2, 28, 31, 33, and 34 (1) shall apply mutatis mutandis to the discharge and dismiss of a member, the disqualification, challenge and voluntary refrainment of a member, the duties of the chairperson, conferences, allowances for members, and the direction and supervision of the Minister of Justice. In such cases, "district council" shall be construed as "Central Council". <Amended on Jan. 19, 2016> |
| Article 36 (Investigation and Procedures for Attestation Necessary for Decision of Relief) |
| (1) | The chairperson of a district council or any person who has been ordered by him/her may make an investigation necessary for decision of payment of relief fund (hereinafter referred to as "decision on relief") pursuant to Article 26 of the Act, and may refer to related public officials or agencies for the fact or request them to submit necessary materials. |
| (2) | A district council shall make a decision on relief in accordance with the reliable evidence, such as a reply to reference and the presentation of materials pursuant to paragraph (1) and a statement of an applicant or other persons concerned. |
| (3) | Any public official or the head of the agency concerned who has been requested pursuant to paragraph (1) shall comply with such request unless he/she has a justifiable ground otherwise. |
| Article 37 (Application for Retrial) |
| (2) | Article 36 shall apply mutatis mutandis to investigation and procedures for attestation necessary for decision on relief pursuant to Article 27 (3) of the Act. In such cases, a "district council" shall be construed as "Central Council". |
| (3) | Where the Central Council has made a decision on relief, it shall notify a district council of the details decided and send all the records of the relevant matter requested to the relevant district council so that it may deal with the matter according to the details decided. |
| Article 38 (Payment of Urgent Relief Fund) |
| (1) | The highest limit of the amount of urgent relief fund paid pursuant to Article 28 (1) of the Act shall be the amount equivalent to 1/2 of the amount of relief fund expected at the time payment of urgent relief fund is decided. <Amended on Dec. 19, 2017> |
| (2) | Deleted. <Dec. 19, 2017> |
| (3) | Notwithstanding Article 28 (3) of the Act, where insufficient time exists to call a conference of a district council or there are other extenuating circumstances, the chairperson of a district council may decide to pay urgent relief fund ex officio. |
| (4) | When the chairperson of a district council has decided to pay urgent relief fund pursuant to paragraph (3), he/she shall obtain ex post facto ratification by the district council. |
| Article 39 (Decision and Notification) |
| (1) | Where a district council decides whether to pay relief fund, it shall prepare a written decision on relief and the members attending a conference shall sign and seal it, and where it decides whether to pay urgent relief fund, it shall prepare a written decision of an urgent aid and the members attending a conference shall sign and seal it. |
| (2) | Matters referred to in the following subparagraphs shall be included in a written decision pursuant to paragraph (1): |
| 1. | The name, address and date of birth of an applicant; |
| (3) | Where a district council makes a decision on relief or an urgent aid, it shall keep the original of a written decision and send the applicant a notice of decision. |
| Article 40 (Reservation of Payment of Relief Fund) |
After a district council has decided to pay relief fund pursuant to Article 39, where an applicant has received compensation for loss from an assailant before he/she receives relief fund or a reason is found that payment of the whole amount of relief fund is unreasonable owing to a change in other circumstances, a district council may withhold payment of relief fund and re-deliberate on whether to pay relief fund and the amount of relief fund.
CHAPTER V CRIME VICTIM SUPPORT CORPORATION
| Article 41 (Requirements and Procedures for Registration of Crime Victim Support Corporation) |
| (1) | The requirements for registration of a crime victim support corporation pursuant to Article 33 (1) of the Act shall be as follows: |
| 1. | Not less than three kinds of the activities referred to in the following subparagraphs shall be the purpose of a corporation: |
| (a) | Various advices, such as legal or psychological counselling to victims of crime; |
| (b) | Financial support to those who have difficulty in living a normal family life or social life owing to criminal injury; |
| (c) | Accompanying a crime victim to an investigative agency and court; |
| (d) | Admission to hospital, emergency medical services and medical treatment of a crime victim; |
| (e) | Legal aid support, such as a request for relief fund under the Act and this Decree and guidance on a request for aid of a legal aid corporation under the Legal Aid Act; |
| (f) | Investigation and research, and education and public relations for the protection and support of crime victims; |
| (g) | Operation of refuges or protective shelters for victims of crime; |
| (h) | Other activities related to the protection and support of crime victims; |
| 2. | Ten persons or more from among the executive officers and employees of a corporation shall fall under any of the following items: |
| (a) | Any person who has qualifications for or a license of attorney-at-law, doctor, etc. and is able to conduct activities related to the protection and support of crime victims in the relevant specialty, such as law and medicine; |
| (b) | Any person who has worked for an agency related to the protection and support of crime victims, such as a legal aid corporation under the Legal Aid Act, for not less than five years; |
| (c) | Any person who has engaged in business related to the protection and support of crime victims, such as the State, a local government or public organization, for not less than five years; |
| 3. | It shall have resources, such as an office and facilities necessary for conducting business for the purposes of the protection and support of crime victims. |
| (2) | Any corporation who intends to register as a crime victim support corporation pursuant to Article 33 (1) of the Act shall file an application prescribed by Ordinance of the Ministry of Justice with documents attached thereto with the Minister of Justice. |
| (3) | Where a corporation who has applied for registration pursuant to paragraph (2) meets the requirements for registration referred to in paragraph (1), the Minister of Justice shall register such corporation, as prescribed by Ordinance of the Ministry of Justice, and issue a certificate of registration to a crime victim support corporation. |
| (4) | Where the Minister of Justice has issued a certificate of registration pursuant to paragraph (3), he/she shall publish it in the Official Gazette without delay. |
| Article 42 (Registration of Change) |
| (1) | Where a crime victim support corporation registered pursuant to Article 41 (hereafter referred to as “registered corporation”) changes its intended business or amends its articles of association, it shall file an application for registration of change or amendment with the Minister of Justice with documents which may prove the change or amendment within 14 days from the date it changes or amends. <Amended on Apr. 14, 2015> |
| (2) | Where any mentioned items in the previous certificate of registration are changed, as cases where documents pursuant to paragraph (1) have been submitted, the Minister of Justice shall issue a new certificate of registration to a crime victim support corporation within ten days from the date he/she receives documents. <Amended on Apr. 14, 2015> |
| Article 42-2 (Grant of Subsidies) |
The State and local governments may grant a subsidy related to the following expenses to a registered corporation under Article 34 (1) of the Act: | 1. | Expenses necessary for direct activities to protect and support crime victims; |
| 2. | Expenses necessary for incidental activities to protect and support crime victims such as establishment, actual conditions survey, research, education, and publicity of systems for protection and support of crime victims; |
| 3. | Expenses necessary for general operation of a registered corporation. |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 43 (Application for Grant of Subsidies) |
| (1) | Matters referred to in the following subparagraphs shall be included in an application for grant of a subsidy pursuant to Article 34 (3) of the Act which a registered corporation and entrusted institution (hereinafter referred to as “registered corporation, etc.”) submit under the same paragraph: <Amended on Apr. 14, 2015> : |
| 1. | The name of the relevant registered corporation, etc.; |
| 2. | The name and address of the representative; |
| 3. | The purpose and details of projects; |
| 4. | Expenses incurred in supporting projects and the amount of the subsidy sought to be granted; |
| 5. | Other matters determined by the Minister of Justice. |
| (2) | A business plan stating the following matters shall be attached to an application for grant of a subsidy referred to in paragraph (1): |
| 1. | An outline of main project; |
| 2. | Matters concerning assets and liabilities; |
| 3. | Actual results of activities related to the protection and support for crime victims for the last one year; |
| 4. | Matters concerning a plan for performance of activities for the protection and support of crime victims; |
| 5. | Matters concerning the calculation of the amount of the subsidy intended to be granted; |
| 6. | The method of generating expenses incurred in activities for the protection and support of crime victims; |
| 7. | Effect of activities for the protection and support of crime victims; |
| 8. | Details of subsidies granted from the State or a local government for the last three years in connection with the protection and support of crime victims. |
| (3) | An application for grant of a subsidy pursuant to paragraph (1) shall be filed with the Minister of Justice by April 30 of the relevant fiscal year. |
| Article 44 (Decisions on Grant of Subsidies) |
| (1) | The Minister of Justice shall, if he/she receives an application for grant of a subsidy pursuant to Article 43, decide whether to grant the subsidy by investigating the following matters: |
| 1. | Deleted; <Apr. 14, 2015> |
| 2. | Deleted; <Apr. 14, 2015> |
| 3. | Ability to conduct project; |
| 4. | Appropriateness of a project for which the subsidy is applied; |
| 5. | Details of subsidies granted from the State or a local government for the last three years in connection with the protection and support of crime victims. |
| (2) | Where a registered corporation, etc. who has applied for grant of a subsidy receives a subsidy from another central administrative agency, it shall not be granted a duplicate subsidy for the same project. <Amended on Apr. 14, 2015> |
| (3) | Where the Minister of Justice grants a subsidy, he/she may attach necessary conditions to attain the purpose of grant of a subsidy. |
| (4) | When the Minister of Justice has decided to grant a subsidy, he/she shall expeditiously notify a registered corporation, etc. who applied for grant of a subsidy of the details of such decision of grant. <Amended on Apr. 14, 2015> |
| (5) | If necessary for decision of grant of a subsidy, the Minister of Justice may consult with the non-governmental expert concerned. |
| Article 45 (Change of Project Plan Which is Purpose of Grant of Subsidy) |
| (1) | Where a registered corporation, etc. who has been granted a subsidy pursuant to Article 34 of the Act intends to change a project plan which is the purpose of grant of a subsidy, it shall obtain approval of the Minister of Justice provided itself with documents in which reasons thereof are stated, and a statement of income and expenses. <Amended on Apr. 14, 2015> |
| (2) | When the Minister of Justice grants approval referred to in paragraph (1), he/she may change the amount of the previous subsidy, a method of grant of a subsidy or other conditions according to the degree of change of the business plan. |
CHAPTER VI CRIMINAL CONCILIATION
| Article 46 (Cases Subject to Criminal Conciliation) |
| 1. | As disputes which have occurred owing to lending and borrowing money between individuals, such as borrowed money, the price for construction, and investment, cases of property crime accused of fraud, embezzlement, breach of fiduciary duty, etc.; |
| 2. | Cases of accusation in private disputes, such as defamation, insult, infringement on boundary, infringement of intellectual property rights, and delayed payment of wages, between individuals; |
| 3. | In addition to matters prescribed by subparagraphs 1 and 2, cases of accusation deemed suitable to be submitted for criminal conciliation for the settlement of disputes; |
| 4. | In addition to cases of accusation, cases corresponding to subparagraphs 1 through 3 from among general criminal cases. |
In principle, a party involved criminal conciliation shall be a suspect and a person who has suffered injury due to criminal offense of another person.
| Article 48 (Formation and Operation of Criminal Conciliation Committee) |
| (1) | The chairperson of the Criminal Conciliation Committee (hereinafter referred to as the "Criminal Conciliation Committee") pursuant to Article 42 of the Act shall represent the Criminal Conciliation Committee to the public and preside over its business, and appoint three or fewer members of the Criminal Conciliation Committee from among the members of the Criminal Conciliation Committee (hereinafter referred to as "members of the Criminal Conciliation Committee") pursuant to Article 42 of the Act and form a criminal conciliation committee (hereinafter referred to as "individual conciliation committee") on each case of criminal conciliation. |
| (2) | One administrative secretary may be assigned to the Criminal Conciliation Committee to conduct its business. In such cases, the chief prosecutor of a district prosecutors' office or branch office shall appoint an administrative secretary from among the public officials belonging to the competent district prosecutors' office or its branch office. |
| (3) | The chief conciliator of an individual conciliation committee shall be elected from among the members of the Criminal Conciliation Committee. |
| (4) | The chief conciliator of an individual conciliation committee shall preside over conciliation proceedings. |
| Article 49 (Appointment and Dismissal of Member of Criminal Conciliation Committee) |
If a member of the Criminal Conciliation Committee falls under any of the following subparagraphs, the chief prosecutor of the competent district prosecutors' office or its branch office shall dismiss him/her:
| 2. | Where he/she is deemed to be unable to perform or to have significant difficulty in performing his/her duties owing to mental disorder; |
| 3. | Where he/she is deemed to have done an inappropriate act as a member of the Criminal Conciliation Committee, such as losing his/her neutrality and fairness. |
| Article 50 (Disqualification, Challenge, and Voluntary Refrainment of Member of Criminal Conciliation Committee) |
| (1) | If a member of the Criminal Conciliation Committee falls under any of the following subparagraphs, he/she shall be disqualified from the relevant criminal conciliation case: |
| 1. | Where a member of the Criminal Conciliation Committee or a person who is or was his/her spouse is the person concerned; |
| 2. | Where a member of the Criminal Conciliation Committee is or was in a relationship with the person concerned; |
| 3. | Where a member of the Criminal Conciliation Committee is or was an agent of the person concerned; |
| 4. | Where a member of the Criminal Conciliation Committee has made a statement as a witness, testified or appraised concerning the relevant case. |
| (2) | Where a member of the Criminal Conciliation Committee falls under reasons referred to in the subparagraphs of paragraph (1) or is likely to make an unfair criminal conciliation, the relevant person may file an application for challenge of the member of the Criminal Conciliation Committee with the chief public prosecutor of the competent district public prosecutors' office or its branch office. |
| (3) | Where the chief public prosecutor of the competent district public prosecutors' office or its branch office recognizes that an application for challenge pursuant to paragraph (2) has good grounds, he/she shall make a decision on acceptance and the relevant member shall not participate in such criminal conciliation proceedings. |
| (4) | Where it is evident that an application for challenge pursuant to paragraph (2) goes counter to the procedures or is made for the purpose of delaying criminal conciliation, the chief public prosecutor of the competent district public prosecutors' office or its branch office shall rule to dismiss an application for challenge. |
| (5) | Where a member of the Criminal Conciliation Committee has a reason referred to in paragraph (2), he/she may voluntarily refrain from criminal conciliation with the leave of the chief public prosecutor of the competent district public prosecutors' office or its branch office. |
| Article 51 (Period of Criminal Conciliation) |
| (1) | The period of criminal conciliation shall be notified to the relevant persons on each occasion. |
| (2) | The period of criminal conciliation may be notified by post, phone, facsimile or other reasonable means. |
| Article 52 (Commencement of Criminal Conciliation Proceedings) |
| (1) | Criminal conciliation proceedings shall be commenced with the consent of the relevant persons. |
| (2) | Where any person who has the right to consent under paragraph (1) has made it clear that he/she would not consent to criminal conciliation proceedings before the commencement of the first criminal conciliation proceedings by attendance, phone, post, facsimile or other means, the Criminal Conciliation Committee shall remand the case to the public prosecutor in charge. |
| Article 53 (Sending of Related Materials) |
| (1) | Where the Criminal Conciliation Committee requests a public prosecutor who has sent a criminal case to send it a copy of the related materials pursuant to Article 44 (1) of the Act, it shall make such request in writing. |
| (2) | A public prosecutor in receipt of a request referred to in paragraph (1) shall submit materials within seven days from the date he/she receives such request by direct delivery, post, facsimile or other means: Provided, That where materials fall under the proviso to Article 44 (2) of the Act, he/she shall notify the Criminal Conciliation Committee of the reason and need not submit the relevant materials. |
| (3) | Relevant persons may submit materials pursuant to Article 44 (3) of the Act to the Criminal Conciliation Committee by the date prior to the date of conciliation by direct delivery, post, facsimile or other means. |
| (4) | When the Criminal Conciliation Committee receives the consent of a submitter of materials or a stater pursuant to Article 44 (4) of the Act, it shall receive such consent in writing. |
| Article 54 (Conclusion of Criminal Conciliation Proceedings) |
Where relevant persons fail to reach agreement or the details of agreement reached are deemed to be illegal or to offend public morals or other social order, an individual conciliation committee shall determine the failure of conciliation and remand the case to the public prosecutor in charge.
| Article 54-2 (Reexamination of Regulations) |
The Minister of Justice shall examine the appropriateness of the requirements and procedures for registration of a crime victim support corporation under Article 41 every three years counting from January 1, 2014 (referring to a date before January 1 of the year that comes every three years), and shall take measures for improvement, etc. [This Article Newly Inserted on Dec. 30, 2013]
CHAPTER VII ADMINISTRATIVE FINE
| Article 55 (Standards for Imposition of Administrative Fine) |
ADDENDA <Presidential Decree No. 22339, Aug. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 15, 2010.
Article 2 (Repeal of Other Statutes)
Article 3 (Relationship with Other Statutes)
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23891, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of attached Table 4 shall begin to apply to the payment of relief fund for a bereaved family for a criminal act committed on or after August 15, 2010, and where the relief fund for a bereaved family for a criminal act committed on or after August 15, 2010 has already been paid under the former provisions before this Decree enters into force, the difference between the amount of such relief fund and the amount of the relief fund prescribed in the amended provisions of attached Table 4 shall be paid.
ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of Presidential Decrees that were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet among Presidential Decrees amended under Article 5 of the Addenda shall respectively enter into force on the enforcement dates of such Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26148, Mar. 17, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Payment of Relief Fund)
| (1) | The previous provisions shall apply for payment of the relief fund due to criminal offense which has been conducted before December 30, 2014, notwithstanding the amended provisions of Articles 22 through 24. |
| (2) | Where a relief fund due to criminal offense which has been conducted after December 20, 2014 under the previous provisions before this Decree enters into force, the difference between such money paid and the relief fund under the amended provisions of Articles 22 through 24 shall be paid thereto. |
ADDENDUM <Presidential Decree No. 26192, Apr. 14, 2015>
This Decree shall enter into force on the date of its promulgation: Provided That the amended provisions of Article 10-2 shall enter into force on April 16, 2015.
ADDENDA <Presidential Decree No. 26901, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reappointment of Appointed Members)
The amended provisions of Article 13 (3), 27 (2) and 35 (3) shall apply thereto from a member appointed as the member of the Crime Victim Protection Committee, a district council, or the Central Council at the time this Decree enters into force, respectively. In such cases, the term at the time this Decree enters into force shall be deemed as the first term. Article 3 (Applicability to Term of Appointed Members)
The amended provisions of Article 27 (2) and 35 (3) shall also apply to a member appointed as the member of a district council or the Central Council at the time this Decree enters into force, respectively. In such cases the initial date in reckoning shall be based on the date of its appointment.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended under Article 8 of the Addenda, Presidential Decrees which have been promulgated before this Decree enters into force but the enforcement date of which has yet to arrive shall enter into force on the respective enforcement dates of the relevant Presidential Decrees. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28474, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Payment of Relief Fund)
Relief fund paid due to crimes committed before this Decree enters into force shall be governed by the previous provisions, notwithstanding amended provisions of Article 2 (1), subparagraph 4 of Article 3, subparagraphs 11 and 12 of Article 23 and Article 38 (1).
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.