CRIME VICTIM PROTECTION ACT
Act No. 7731, Dec. 23, 2005
Act No. 7731, Dec. 23, 2005
CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to establish basic policies for protection and support for crime victims, to promote protection and support of the State and local governments and crime victim support activities by citizens, and thus to contribute to recovery from loss and due exercise of rights by, and promotion of welfare of, crime victims.
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| Article 2 (Basic Ideology) |
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| (1) | A crime victim has a right to immediately recover from being a crime victim and to be guaranteed human dignity. |
| (2) | A crime victim's reputation and privacy shall be protected. |
| (3) | A crime victim has a right to participate in various criminal procedures in connection with relevant cases. |
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| Article 3 (Definitions) |
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| (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 unjustifiably influences investigations, defenses and trials shall be included; |
| 3. | The term "crime victim support corporation" means a non-profit corporation established the main purpose of which is protection and support for crime victims. |
| (2) | In addition to the persons falling under paragraph (1) 1, persons who are harmed by acts of prevention and rescue of crime victims shall also be deemed crime victims. |
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| Article 4 (Responsibilities of State) |
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The State shall have responsibilities to take measures falling under the following and to provide resources necessary for protection and support for crime victims:
| 1. | Organization 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 Acts and subordinate statutes and establishment and execution of various policies for protection and support for crime victims. |
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| Article 5 (Responsibilities of Local Governments) |
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The local governments shall actively endeavor to protect and support crime victims and shall cooperate to facilitate smooth execution of the State policies for protection and support for crime victims.
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| Article 6 (Responsibilities of Citizens) |
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The citizens shall endeavor not to harm the reputation and privacy of crime victims and shall cooperate to facilitate smooth execution of the State policies for protection and support for crime victims.
CHAPTER II BASIC POLICIES FOR CRIME VICTIM PROTECTION AND SUPPORT
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| Article 7 (Loss Recovery Support, etc.) |
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The State and local government shall formulate plans necessary to provide counselling, medical services, payment of relief funds under relevant Acts and subordinate statutes, legal aids and employment assistance, proportionate to the degree of harm to crime victims and to the necessity for protection and support.
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| Article 8 (Guarantee of Participation in Criminal Procedures) |
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The State shall guarantee that a crime victim may exercise rights relating to criminal procedures, including consulting with persons in charge of investigations and giving statements in participation in trial process; and where the crime victim requests therefor, the State may provide him or her with information related to criminal procedures, such as outcomes of investigation, a date for public trial, results of trial, execution of a sentence, current status on execution of probation, as prescribed by Presidential Decree.
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| Article 9 (Protection of Privacy and Safety) |
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The State and local governments shall take measures necessary for protection of reputation and privacy of crime victims and 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.
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| Article 10 (Education and Training) |
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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.
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| Article 11 (Promotion, Survey, and Research) |
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| (1) | The State and local governments shall carry out the promotions necessary to increase understanding and awareness about crime victims. |
| (2) | The State and local governments shall endeavor to perform surveys of the current status of damage from crime and to develop support policies, in order to facilitate appropriate support based on professional knowledge and experience with crime victims. |
CHAPTER III MASTER PLAN FOR CRIME VICTIM PROTECTION AND SUPPORT
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| Article 12 (Establishment of Master Plans) |
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| (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 matters falling under the following subparagraphs: |
| 1. | Basic direction and goals for policies for protection and support for crime victims; |
| 2. | Survey of current conditions, research, education and promotion for protection and support for crime victims; |
| 3. | Support for and supervision of organizations for protection and support for crime victims; |
| 4. | Provision and management of 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. |
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| Article 13 (Establishment of Annual Performance Plans) |
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| (1) | The Minister of Justice, the heads of relevant central administrative agencies, and the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do Governor (hereinafter referred to as "Mayor/Do Governor") shall establish and execute annual performance plans (hereinafter referred to as "performance plan") under the master plan. |
| (2) | The heads of relevant central administrative agencies and the Mayor/Do Governor shall submit a performance plan under paragraph (1) and a summary of the aimed goals for the following year to the Minister of Justice each year. In such cases, where the Minister of Justice deems the relevant performance plan is inappropriate, he or she may request the supplement or correction thereof. |
| (3) | Other necessary matters concerning establishment and execution of performance plan shall be prescribed by Presidential Decree. |
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| Article 14 (Cooperation of Relevant Agencies) |
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| (1) | The Minister of Justice may request cooperation of the heads of central administrative agencies, the heads of local governments or the heads of relevant public institutions, where cooperation is necessary for establishment and execution of the master plan and performance plan. |
| (2) | Heads of central administrative agencies or Mayors/Do Governors may request cooperation of heads of relevant central administrative agencies, the heads of local governments, or heads of public institutions, where cooperation is necessary for establishment and execution of the performance plan. |
| (3) | The heads of institutions and organizations which receive requests for cooperation under paragraphs (1) and (2) shall comply with such requests, unless extraordinary circumstances otherwise exist. |
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| Article 15 (Crime Victim Protection Committee) |
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| (1) | The Crime Victim Protection Committee (hereinafter referred to as the "Committee") shall be established under the Minister of Justice to deliberate on the master plan and important matters concerning protection and support for crime victims, and the Committee shall be comprised of not more than 20 members including the chairperson. |
| (2) | The Committee shall deliberate on matters falling under the following subparagraphs: |
| 1. | Matters concerning the master plan and performance plan; |
| 2. | Matters concerning establishment and adjustment of main policies for protection and support for crime victims; |
| 3. | Matters concerning support for and supervision of organizations for protection and support for crime victims; |
| 4. | Other matters on which the chairperson requests deliberation. |
| (3) | Necessary matters concerning organization and operation of the Committee shall be prescribed by Presidential Decree. |
CHAPTER IV CRIME VICTIM SUPPORT CORPORATION
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| Article 16 (Registration, etc. of Crime Victim Support Corporations) |
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| (1) | Where a crime victim support corporation intends to receive support under this Act, such corporation shall register with the Minister of Justice in accordance with the requirements and procedures prescribed by Presidential Decree, such as composition of assets and human resources. |
| (2) | Where no provision exists relating to establishment and operation of crime victim support corporation in this Act, the Civil Act and the Act on the Establishment and Operation of Public-Service Corporations shall apply. |
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| Article 17 (Provision of Subsidies) |
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| (1) | The State or local governments may provide subsidies within budget, where such subsidies are deemed necessary for sound development and growth of crime victim support corporations. |
| (2) | A crime victims support corporation, which intends to obtain subsidies from the Minister of Justice, shall submit to the Minister of Justice an application containing necessary matters, including the purpose and details of its business and the expenses to be incurred on auxiliary activities, and accompanying documents as prescribed by Presidential Decree. |
| (3) | Necessary matters concerning criteria and procedures for provision of subsidies under subparagraph (2) shall be prescribed by Presidential Decree. |
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| Article 18 (Prohibition of Use for other than Intended Purpose of Subsidies and Repayment of Subsidies) |
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| (1) | No subsidies received under Article 17 shall be used for purposes other than protection and support for crime victims. |
| (2) | The Minister of Justice may demand repayment of all or some of subsidies, where a crime victim support corporation falsifies an application, etc. under Article 17 (2), receives subsidies by other fraudulent means, or uses subsidies for purposes other than intended purposes. |
| (3) | The Act on the Budgeting and Management of Subsidies shall apply in relation to repayment of subsidies. |
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| Article 19 (Supervision, etc.) |
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| (1) | The Minister of Justice may order a registered crime victims support corporation (hereinafter referred to as the "registered corporation") to report on its business, accounting and assets, or may order a subordinate public official to audit and inspect books and documents of a registered corporation, when the Minister deems such action necessary. |
| (2) | Where an executive or employee of a registered corporation 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 or disciplinary action against such employee, and may revoke the registration of the relevant corporation: |
| 1. | Where an executive or employee falsifies a report or data demanded by the Minister of Justice under paragraph (1) or refuses to submit such report or data; |
| 2. | Where an executive or employee refuses, interferes with, or avoids audit and inspection under paragraph (1); |
| 3. | Where a representative neglects to comply with a demand for suspension of duties or for disciplinary action from the Minister of Justice. |
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| Article 20 (Prohibition of Use of Mark likely to be Mistaken for Mark of Registered Corporations) |
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No entity which is not a registered corporation shall use any mark of a registered corporation nor shall it use any mark likely to be mistaken for a mark of registered corporation.
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| Article 21 (Prohibition of Exercising Influence over Trials, etc.) |
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No person who engages in activities for protection and support for crime victims shall do any acts to exercise unjust influence over investigation, defense or trial, such as demanding punishment of a wrongdoer during criminal proceedings or exerting duress upon persons interested in the case.
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| Article 22 (Confidentiality) |
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No person who engaged or has engaged in activities for protection and support for crime victims shall reveal any confidential information relating to another person's private life obtained during the course of such activities nor shall use such information for purpose other than protection and support for crime victims.
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| Article 23 (Prohibition of Collection of Fees, etc.) |
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No person who engages or has engaged in activities for protection and support for crime victims while employed by a crime victim support corporation shall ask for, or receive, money or goods as fees, etc. for protection and support for crime victims: Provided, That the same shall not apply where otherwise provided in other Acts.
CHAPTER V PENAL PROVISIONS
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| Article 24 (Penal Provisions) |
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| (1) | A person who receives subsidies by deceit or other fraudulent means shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won. |
| (2) | A person who uses subsidies for purpose other than protection and support for crime victims, in violation of Article 18 (1), shall be punished by imprisonment for not more than three years or a fine not exceeding 10 million won. |
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| Article 25 (Penal Provisions) |
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A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 5 million won:
| 1. | A person who reveals confidential information of another in violation of Article 22 or who uses such information for purposes other than activities for protection and support for crime victims in violation of Article 22; |
| 2. | A person who requests or receives money or goods in violation of Article 23. |
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| Article 26 (Joint Penal Provision) |
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Where a representative of a corporation, or an agent, employee or other servant of a corporation or an individual violates Article 24 or 25 in relation with business of such corporation or such individual, in addition to punishment of such person, such corporation or such individual shall be punished by a fine under each relevant Article.
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| Article 27 (Fines for Negligence) |
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| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: |
| 1. | A person who violates any subparagraph of Article 19 (2); |
| 2. | A person who uses a mark or name intended to be mistaken as a mark or name of a registered corporation in violation of Article 20; |
| 3. | A person who exercises influence over trial, etc. in violation of Article 21. |
| (2) | Fines for negligence under paragraph (1) shall be imposed and collected by Minister of Justice, as prescribed by Presidential Decree. |
| (3) | A person who is dissatisfied with imposition of a fine for negligence under paragraph (2) may raise an objection to the Minister of Justice within 30 days after the date on which such person receives notice of such imposition. |
| (4) | Where a person, who is subject to a fine for negligence under paragraph (2), raises an objection under paragraph (3), the Minister of Justice shall immediately notify a relevant court having jurisdiction, and the court receiving such notice shall proceed with a trial on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. |
| (5) | Where a person fails to raise an objection within the period under paragraph (3) and fails to pay the fine for negligence, such fine shall be collected pursuant to the precedents of disposition on national tax payment default. |
ADDENDA
This Act shall enter into force three months after the date of its promulgation.
Last updated : 2010-03-22