Civil and Criminal Compensation
Compensation for Damages- “Compensation for damages” refers to a system in which a victim of crime can obtain the right to order compensation for damages as civil remedies conveniently during a criminal trial.
- Application for Compensation
· The victim of sexual violence may request the court for compensation for damages until the first or second trial defense ends (former part of Article 26, paragraph 1 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).
- Effectiveness of Compensation for Damages
· Suppose the compensation for damage has been confirmed according to the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings. In this case, the victim of sexual violence shall not demand compensation for damages within the cited amount for other legal proceedings (Article 34, paragraph 2 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).
- Litigation Expenses
· Unless determined otherwise, the procedural costs for compensation orders shall be borne by the national treasury (Article 35 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).
Compensation for Damages- Demand for Compensation of Damages
· Through civil procedures, the victim of sexual violence may demand the assailant to compensate for damages (medical treatment costs, compensation, etc.) (Articles 750 and 751 of the Civil Act).
· Suppose the victim of sexual violence passed away. In this case, the victim’s lineal ascendant, lineal descendant, and spouse may receive compensation for damage from the assailant, even if there are no property damages (Article 752 of the Civil Act).
· The time limitation of claim right for sexual violence damage compensation will expire if the victim or the victim’s legal representative does not exert the claim right within three years after knowing about the assailant, or if ten years have passed since the sexual violence date (Article 766, paragraphs 1 and 2 of the Civil Act).
· Suppose a minor suffered from sexual violence. In this case, the time limitation of the claim right for sexual violence damage compensation shall not expire until the minor has turned 19 (Article 766, paragraph 3 of the Civil Act).
- Responsibility of Joint Sexual Violence
· Suppose several persons jointly committed sexual violence and incurred damage accordingly. In this case, the assailants shall jointly compensate the victim for damages (Article 760, paragraph 1 of the Civil Act).
· Suppose several persons committed sexual violence but separately, so the person responsible for damage is unidentifiable. In this case, the assailants shall jointly compensate for damages anyway (Article 760, paragraph 2 of the Civil Act).
· Any person who aided and abetted sexual violence shall be considered as a joint tortfeasor (Article 760, paragraph 3 of the Civil Act).