ENGLISH

- Suppose the court declares the defendant to be guilty in the first or second criminal trial proceedings. As soon as this judgment is pronounced, the defendant will be “ordered to compensate” physical damages, medical treatment costs, etc., incurred by his/her criminal act. However, if the defendant and victim agree on the settlement money amount, he/she shall be ordered to pay the settled compensation for damages.

- So, the “order of compensation” is a simple and quick way for the victim to be compensated for damages by the assailant during the trial without following the civil affairs procedure, etc. (Electronic Civil Service Center of the Supreme Court-Information of Criminal Procedures).

- Suppose the court declares the defendant guilty for any case falling under the following categories. In this case, the victim, his/her inheritor or representative (hereinafter referred to as “Victims, etc.”) may apply to order compensation for direct physical damage, medical treatment expenses, and compensation (Article 25, paragraph 1 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- Moreover, the court may order the defendant to compensate the victim with the agreed damage amount for the crimes above and other crimes (Article 25, paragraph 2 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- Written Application

- Oral Application

- Suppose the victim is proceeding with a lawsuit for damage compensation under other procedures for damages incurred by the criminal act. In this case, the victim shall not apply to order compensation (Article 26, paragraph 7 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- The Application to Order Compensation is as effective as filing a lawsuit (Article 26, paragraph 8 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- The applicant ordering compensation may withdraw his/her application any time until the compensation order has been confirmed (Article 26, paragraph 6 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- Suppose the court deems the compensation order application illegal, without a purpose, or unjustifiable. In this case, the court shall decide to dismiss the application (Article 32, paragraph 1 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- The applicant shall neither file an objection to the case in which the compensation order was dismissed or partially cited in the trial, nor shall he/she apply to order compensation on the same case (Article 32, paragraph 4 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- The court promptly orders compensation for damages when sentencing the defendant guilty, and the compensation amount and subject shall be stated on the conviction (Article 31, paragraphs 1 and 2 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- The court may declare the possibility of provisional execution to order compensation (Article 26, paragraph 6 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- The officially certified copy of the conviction, indicating the order of compensation or the order of compensation including the declaration of provisional execution, has equivalent effectiveness as a judgment in a civil case, which has execution force for compulsory execution under the Civil Execution Act (Article 34, paragraph 1 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- If the compensation order has been confirmed, the victim shall not claim compensation for damages according to different measures in the scope of the citation amount (Article 34, paragraph 2 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- If an appeal has been filed for the conviction, the order of compensation and the case will be sent forward to the appellate (second) trial (Article 31, paragraph 1 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- Suppose the original judgment is reversed in the appellate trial, and the court pronounces the judgment of acquittance, absolution, or dismissal of the prosecution. In this case, the order of compensation for the original trial shall be canceled whether or not the order was not canceled in the appellate trial (Article 33, paragraph 2 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- Even if the appellate trial maintains the same sentence as the original trial, this does not mean it can cancel or modify the order of compensation (Article 33, paragraph 4 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).

- For a compensation order only, the defendant may raise an immediate appeal as specified under the Criminal Procedure Act without filing an appeal for the conviction during the appeal application period. However, suppose the person entitled to appeal makes a legitimate appeal to a higher court after raising an immediate appeal. In this case, the immediate appeal will be deemed to have been withdrawn (Article 33, paragraph 5 of the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings).