Settlement
Significance of Settlement- The victim may accuse or press charges against the assailant for criminal cases, such as crimes of violence and injury. The victim also has the right to cancel the filed accusation or charge. This right aims at reaching an amicable settlement between the accuser and the accused. (Refer to Supreme Prosecutors’ Office-Online Civil Complaint Office-Civil Complaints-Information on Case Procedures).
How to Make a Settlement- There is no fixed way to make settlements. However, the accuser and the accused generally decide on a compensation standard while considering the damage degree, case situation, social equity, etc. Afterward, the parties prepare, sign, and seal an agreement.
- Since there is no fixed way to make settlements, the parties may sign an agreement that includes the conditions of compensation (civil suit) and penalization (criminal suit), or they may agree on the two matters separately.
※ A safe way for the victim to write an agreement is to receive settlement money from the assailant in advance.
※ Click [here] to see an example of an agreement(Refer to Supreme Prosecutors’ Office-Online Civil Complaint Office-Civil Complaints-Information on Case Procedures).
Effectiveness of Settlements- Unless the victim is willing to do so, it is against the law to penalize the assailant for cases of simple violence or violence to the lineal ascendants (crime not prosecuted against objection). Therefore, if the victim writes his/her intention of the assailant being penalized, the criminal procedure will no longer proceed.
- However, this condition does not apply to cases of violence incurring injuries or wounds. Since the principle of no prosecution against the victim’s objection does not apply to such cases, the criminal procedure will continue.However, the prosecutor or judge may consider the settlement made between the parties, if any, when determining the sentence.
※ If the application for a compensation order is accepted during the criminal procedure, the criminal trial may also handle civil matters.