Definition of the Crime Victim Aid System
Definition of the Crime Victim Aid System
- Suppose the victim was not compensated with some or all damages incurred by the crime, such as death, physical disorder, or grievous bodily injury. In this case, the “Crime Victim Aid System” protects the victim or the victim’s family by providing relief funds up to a certain limit (
Cyber National Police Agency-Support for Crime Victims).
Scope of Application of the Crime Victim Aid System
Crimes Provided with Aid for Victims
- Crimes providing relief funds for crime victims (hereinafter referred to as “Relief Funds”) are those that take a person’s life or incur physical harm in the Republic of Korea or on a Korean vessel or aircraft that is outside the territory of the Republic of Korea (Article 3, paragraph 1, subparagraph 4 of the Crime Victim Protection Act).
- The following cases are subject for crime victim compensation (Article 3, paragraph 1, subparagraph 4 of the Crime Victim Protection Act): Crimes committed by criminal minors not penalized under the Criminal Act (Article 9 of the Criminal Act ), Actions taken by persons with a mental or physical disability (Article 10, paragraph 1 of the Criminal Act ), Emergency evacuation (Article 22, paragraph 1 of the Criminal Act ).
- However, actions taken for legitimate self-defense (Article 20 of the Criminal Act ) or justifiable acts (Article 21, paragraph 1 of the Criminal Act ) not subject to penalty and acts of negligence do not fall under cases of victim compensation (Article 3, paragraph 4, subparagraph 4 of the Crime Victim Protection Act).
※ Suppose a foreigner or his/her family has suffered a crime subject to victim compensation (hereinafter referred to as “Victims Subject for Compensation”). In this case, the injured party may receive compensation for damage only through mutual guarantee between Korea and his/her nation (Article 23 of the Crime Victim Protection Act).
Death, Physical Order, or Grievous Bodily Injury of Victims Subject for Compensation
- Any victim who passed away, suffered physical disorder or grievous bodily injury by the crime shall be compensated for the damage (Article 3, paragraph 1, subparagraph 4 of the Crime Victim Protection Act).
· “Physical Disorder” refers to bodily disorders uncured even after the medical treatment of an injury or disease (including incurable injuries and diseases) caused by the criminal act (Article 3, paragraph 1, subparagraph 5 of the Crime Victim Protection Act and Article 2, paragraph 1, and Attached Table 1 of the Enforcement Decree of the Crime Victim Protection Act).
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Class
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Physical disorders
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First Class
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1. Losing the sight of both eyes, 2. Total loss of the ability to chew and speak, 3. Distinct disorder in the function of one’s nervous system, and the person needs care 24/7, 4. Distinct disorder in the function of one’s abdominal and thoracic organs, and the person needs care 24/7, 5. Unable to use both arms due to elbow joint injuries, 6. Totally unable to use both arms, 7. Unable to use both legs due to knee joint injuries, 8. Totally unable to use both legs, or 9. Any other physical disorders apart from the ones under paragraphs 1 to 8 above that are recognized to be as severe as the ones above.
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Second Class
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1. Losing the sight of one eye and the other eye’s sight failing to less than 0.02, 2. Eyesight of both eyes failing to 0.02 or lower, 3. Unable to use both arms due to wrist joint injuries, 4. Unable to use both legs due to ankle joint injuries, or 5. Any other physical disorders apart from the ones under paragraphs 1 to 4 above that are recognized to be as severe as the ones above.
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Third Class
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1. Losing the sight of one eye and the other eye’s sight failing to less than 0.06, 2. Total loss of the ability to chew or speak, 3. A distinct disorder in the function of one’s nervous system, making the person unable to work during his/her lifetime, 4. A distinct disorder in the function of one’s abdominal and thoracic organs, making the person unable to work during his/her lifetime, 5. Losing every finger on both hands, or 6. Any other physical disorders apart from the ones under paragraphs 1 to 5 above that are recognized to be as severe as the ones above.
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Fourth Class
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1. Eyesight of both eyes failing to less than 0.06, 2. A distinct disorder in one’s ability to chew and speak, 3. Losing one’s hearing in both ears due to one’s eardrum being completely damaged or other reasons, 4. Unable to use one arm due to an elbow joint injury, 5. Unable to use one leg above due to a knee joint injury, 6. Totally unable to use any finger on both hands, or 7. Unable to use two feet due to injuring the joint of one’s tarsal and sole bones.
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Fifth Class
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1. Losing the sight of one eye and the other eye’s sight failing to 0.1 or lower, 2. Unable to use one arm due to a wrist joint injury, 3. Unable to use one leg due to an ankle joint injury, 4. Totally unable to use one arm, 5. Totally unable to use one leg, or 6. Losing all toes on both feet.
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Sixth Class
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1. Eyesight of both eyes failing to 0.1 or lower, 2. A distinct disorder in one’s ability to chew or speak, 3. Eardrums in both ears are almost completely damaged, or other reasons that make one hard of hearing, unless one speaks in one’s ear, 4. A distinct deformity or hindrance to exercise in one’s spine, 5. Unable to use two joints among three major joints on one arm, 6. Unable to use two joints among three major joints on one leg, or 7. Losing five fingers on one hand or four fingers on one hand, including the thumb and index finger.
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Seventh Class
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1. Losing the sight of one eye and the other eye’s sight failing to 0.6 or lower, 2. One’s eardrum is about 50% damaged, or other reasons that make both ears hard of hearing general speech at distances 40 cm or further away, 3. Mental disorder that makes one unable to work apart from simple tasks, 4. Distinct disorder in one’s nervous system functions, making one unable to work apart from simple tasks, 5. Disorder in functions of one’s abdominal and thoracic organs, making one unable to work apart from simple tasks, 6. Losing one’s thumb and index finger on one hand, or losing more than three fingers on one hand, including the thumb and index finger, 7. Completely unable to use all fingers on one hand or four fingers on one hand, including the thumb and index finger, 8. Unable to use one foot due to injuring the joint of one’s tarsal and sole bones, 9. Nearthrosis required for the treatment of one arm, causing a distinct hindrance to exercise, 10. Nearthrosis required for the treatment of one leg, causing a distinct hindrance to exercise, 11. Totally unable to use any toe on both feet, 12. A distinct scar on one’s body, or 13. Losing testicles on both sides.
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Eighth Class
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1. Losing the sight of one eye or the eyesight failing to 0.02 or lower in one eye, 2. Hindrance of exercise in one’s spine, 3. Losing two fingers on one hand, including one’s thumb, 4. Unable to use the thumb and index finger on one hand, or unable to use more than three fingers on one hand, including one’s thumb and index finger, 5. One leg getting shorter by 5 cm or more, 6. Unable to use one joint among three major joints on one arm, 7. Unable to use one joint among three major joints on one leg, 8. Nearthrosis in one arm, 9. Nearthrosis in one leg, 10. Losing all toes on one foot, 11. Losing one’s spleen or one kidney, or 12. Scars covering more than 40% of one’s entire body.
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Ninth Class
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1. Eyesight of both eyes failing to 0.6 or lower, 2. Eyesight of one eye failing to 0.06 or lower, 3. Hemianopia, contraction in the visual field, or abnormalities of the visual field in two eyes, 4. Distinct damage of the eyelids on two eyes, 5. Nose damaged and has distinct disabilities in function, 6. Disorder in one’s ability to chew and speak, 7. Losing one’s hearing in one ear due to one’s eardrum being completely damaged or other reasons, 8. Losing two fingers on one hand, including the thumb of one hand or index finger, or losing three fingers on one hand, apart from the thumb or index finger, 9. Unable to use two fingers on one hand, including one’s thumb, 10. Losing two toes, including a big toe on one’s foot, 11. Unable to use all toes on one foot, 12. A distinct disorder in genital organs, 13. Mental disorder that makes one able to work in only a minimum field of industries, or 14. Disorder in one’s nervous system functions that makes one able to work in only a minimum field of industries.
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Tenth Class
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1. Eyesight of one eye failing to 0.1 or lower, 2. Disorder in one’s ability to chew or speak, 3. Dental prosthetic surgery done on 14 teeth or more, 4. If one’s eardrum in one ear is almost completely damaged, or other reasons that make one hard of hearing, unless one speaks in one’s ear, 5. Losing one’s thumb or index finger on one’s hand, or losing two fingers on one hand, apart from the thumb and index finger, 6. Unable to use one’s thumb on one hand, or unable to use two fingers on one hand, including the index finger, or unable to use three fingers apart from the thumb or index finger, 7. One leg getting shorter by 3 cm or more, 8. Losing one’s big toe on one foot, or losing four toes on one foot, except the big toe, 9. Distinct disorder in one’s joint function among three major joints on one arm, or 10. Distinct disorder in one’s joint function among three major joints on one leg.
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Eleventh Class
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1. Distinct disorder in the function or movement control in both eyes, 2. Distinct disorder in the movement control in both eyelids, 3. Distinct damage in one eyelid, 4. One’s eardrum is about 50% damaged, or other reasons that make one ear hard of hearing general speech at distances 40 cm or further away, 5. Deformity in one’s spine, 6. Losing one’s ring or middle finger on one hand, 7. Unable to use one’s index finger on one hand, or four fingers on one hand, apart from the thumb and index finger, 8. Unable to use more than two toes on one foot, including the big toe, or 9. Disorder in one’s thoracic and abdominal organs.
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Twelfth Class
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1. Distinct disorder in the function or movement control in one eye, 2. Distinct disorder in the movement control in one eyelid, 3. Dental prosthetic surgery done on seven teeth or more, 4. Eardrum in one ear mostly damaged, 5. Distinct deformity in one’s collarbone, breastbone, ribs, scapula, or pelvis bone, 6. Disorder in one’s joint function among three major joints on one arm, 7. Disorder in one’s joint function among three major joints on one leg, 8. Deformity of long bones of one’s arms and legs, 9. Unable to use the middle finger or ring finger on one hand, 10. Losing one’s index toe on one foot, losing two toes, including the index toe, or losing three toes, including the middle, fourth, and fifth toe, 11. Unable to use one’s big toe on one foot, or unable to use four toes on one foot, excluding the big toe, 12. Distinct neurological signs and symptoms in parts of one’s body, or 13. A scar on one’s body.
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Thirteenth Class
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1. Eyesight of one eye failing to 0.6 or lower, 2. Hemianopia, contraction in the visual field, or abnormalities of the visual field in one eye, 3. Damage in some parts of both eyelids or eyelashes, 4. Losing one’s little finger on one hand, 5. Losing some knucklebones of the thumb on one hand, or 6. Losing some knucklebones of the index finger on one hand.
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Fourteenth Class
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1. Some damage in one eyelid or eyelashes in one eye, 2. Dental prosthetic surgery done on three teeth or more, 3. A scar as big as one’s palm on the outside part of the arm, 4. A scar as big as one’s palm on the outside part of the leg, 5. Unable to use the little finger on one hand, 6. Losing some knucklebones on the fingers on one hand, except the thumb and index finger, 7. Unable to bend and spread out one’s finger joints on one hand, except the thumb and index finger, 8. Unable to use one or two toes, from the middle to fifth, on one foot, or 9. Neurological signs and symptoms in parts of one’s body.
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◾ In principle, persons showing symptoms of ametropia undergo testing for their eyesight according to the international eyesight test chart. ◾ Losing one’s fingers refers to a functional disorder arising in the thumb’s interphalangeal joint, or the pollex joint and above for fingers other than the thumb. ◾ Being unable to use one’s fingers means losing more than 50% of the use of the end of one’s fingers, or a distinct movement control disorder in the metacarpophalangeal joint or the pollex joint of one’s fingers (interphalangeal joint for the thumb). ◾ Losing one’s toes literally means losing every toe on one’s foot. ◾ Unable to use one’s toes means losing more than 50% of the use of the end joint of one’s big toe, or losing the use of the end joint of one’s toes, apart from the big toe, or a distinct movement control disorder in one’s metatarsophalangeal joint or pollex joint (interphalangeal joint for the big toe). ◾ Any physical disorder not stipulated under each class above is classified according to the mortality rate of the ability or functions specified under each class.
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※ If Physical Disorders are Overlapped
√ If the crime victim suffers from physical disorders in two parts of his/her body, the severity shall be specified under the classes defined above. Afterward, the comprehensive evaluation rate shall be determined according to Attached Table 2 of the Enforcement Decree of the Crime Victim Protection Act (Article 3, paragraph 1, subparagraph 5 of the Crime Victim Protection Act and Article 2, paragraph 2 and Attached Table 2 of the Enforcement Decree of the Crime Victim Protection Act).
√ Suppose the crime victim suffers from physical disorders in more than three parts of his/her body. In this case, the severity of the physical disorders in two major body parts shall be specified under the comprehensive evaluation rate under Attached Table 2 of the Enforcement Decree of the Crime Victim Protection Act. Afterward, the wound in the most primary body part out of the remaining wounds shall be comprehensively evaluated once more under Attached Table 2 of the Enforcement Decree of the Crime Victim Protection Act to determine which class it falls under (Article 3, paragraph 1, subparagraph 5 of the Crime Victim Protection Act, and Article 2, paragraph 3 and Attached Table 2 of the Enforcement Decree of the Crime Victim Protection Act).
· A “Grievous Bodily Injury” means suffering from a bodily injury or damage in physiological function, which fall under any of the following cases. Moreover, it takes more than two months to cure the related injury or damage (Article 3, paragraph 6, subparagraph 6 of the Crime Victim Protection Act and Article 3 of the Enforcement Decree of the Crime Victim Protection Act).
1. Damages in vitals organs that endanger a person’s life and main functions,
2. Part of one’s body cut, destroyed, or severely deformed,
3. Any damage physically or in physiological function that require more than one week of hospitalization, apart from matters determined under paragraphs 1 and 2 above, or damage as severe as those mentioned under paragraphs 1 and 2 above, or
4. Serious mental disease incurred by the crime that requires more than three days of hospital treatment.
Type and Amount of Crime Victim Compensation
Classification of Victim Compensation
- Victim compensation comprises compensation for bereaved families, physical disorders, and severe injuries (Article 17, paragraph 1 of the Crime Victim Protection Act).
Compensation for the Victim’s Bereaved Family
- Persons Subject for Being Compensated as a Bereaved Family
· If the crime victim passes away, compensation is made to bereaved families in the following order. However, if two bereaved family members fall under the same order, the compensation shall be equally divided and provided (Article 17, paragraph 2, and Article 18, paragraph 1 of the Crime Victim Protection Act).
① The victim’s spouse (including putative marriage), or the victim’s child who made a living from the victim’s income before he/she passed away
② The victim’s parents who made a living from the victim’s income before he/she passed away
③ The victim’s grandchildren who made a living from the victim’s income before he/she passed away
④ The victim’s grandparents who made a living from the victim’s income before he/she passed away
⑤ The victim’s siblings who made a living from the victim’s income before he/she passed away
⑥ The victim’s children who do not fall under the above orders
⑦ The victim’s parents who do not fall under the above orders
⑧ The victim’s grandchildren who do not fall under the above orders
⑨ The victim’s grandparents who do not fall under the above orders
⑩ The victim’s siblings who do not fall under the above orders
※ When determining the priority of compensation for bereaved families, the embryo shall be deemed to have been born (Article 18, paragraph 2 of the Crime Victim Protection Act).
※ The victim’s foster parents shall have priority of compensation over the victim’s biological parents (Article 18, paragraph 3 of the Crime Victim Protection Act).
· However, if any person falls under the cases below, he/she shall not be subject to be compensated as a bereaved family member (Article 18, paragraph 4 of the Crime Victim Protection Act).
√ If the person intentionally killed the victim subject for compensation
√ If the person intentionally killed a prioritized bereaved family member or a member ranked the same as himself/herself, since the family member passing away before the victim would make him/her qualified for compensation
√ If the person intentionally killed a prioritized bereaved family member or a member ranked the same as himself/herself, since the family member passing away after the victim would make him/her qualified for compensation
- Amount of Compensation for the Victim’s Bereaved Family
· The compensation for the victim’s bereaved family is calculated when the victim passed away (or when injured, if the injury caused the victim’s death) by multiplying the victim’s monthly wages or actual monthly income with the number of months as classified below (Article 22, paragraph 1 of the Crime Victim Protection Act, and Main Text of Article 22 and Attached Table 4 of the Enforcement Decree of the Crime Victim Protection Act).
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Relationship
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Number of months to multiply with monthly wages, etc.
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1. For the victim’s spouse (including putative marriage) and the victim’s children who made a living from the victim’s income when the criminal act occurred.
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40 months × 6/6
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2. The victim’s parents, grandchildren, grandparents, and siblings who made a living from the victim’s income when the victim passed away.
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·For more than two bereaved family members: 32 months × 6/6 ·For one bereaved family member: 32 months × 5/6
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For the victim’s children and parents who do not fall under paragraphs 3.1 and 2
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24 months × 3/6
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For the victim’s grandchildren, grandparents, and siblings who fall under paragraphs 4.1 and 2
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24 months × 1/6
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√ The victim’s children, grandchildren, and siblings who make a living from the victim’s income shall be under the age of 19 ; and the victim’s parents or grandparents who make a living from the victim’s income shall be 60 or above, respectively. √ However, the age limit above shall not apply to persons registered as having disabilities under Article 32 of the Welfare of Disabled Persons Act.
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· The compensation for crime victims shall not exceed the victim’s average wage of 48 months (Article 22, paragraph 1 of the Crime Victim Protection Act, and Conditions under provisions excluding each paragraph of Article 22 of the Enforcement Decree of the Crime Victim Protection Act).
Compensation for Physical Disorders and Grievous Bodily Injuries
- The crime victim shall receive compensation for physical disorders and grievous bodily injuries (Article 17, paragraph 3 of the Crime Victim Protection Act).
- Amount of Compensation for Physical Disorders
· The compensation for the victim’s physical disorders is calculated by multiplying the victim’s monthly wages or actual monthly income when the victim was physically injured with the number of months as classified below (Article 22, paragraph 2 of the Crime Victim Protection Act, and Article 23 and Attached Table 5 of the Enforcement Decree of the Crime Victim Protection Act).
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Class
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Number of months to multiply with monthly wages, etc.
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First Class: 40 months Second Class: 36 months Third Class: 32 months Fourth Class: 28 months Fifth Class: 24 months Sixth Class: 20 months Seventh Class: 16 months Eighth Class: 12 months Ninth Class: 8 months Tenth Class: 4 months Eleventh or Twelfth Class: 3 months Thirteenth or Fourteenth Class: 2 months
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1. For the victim’s spouse (including putative marriage), or the victim’s children, if any, who make a living from the income of the crime victim or the crime victim’s spouse
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Number of months according to class × 6/6
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2. If having no family mentioned under paragraph 1 above, tor the victim’s parents, grandchildren, grandparents, or siblings, if any, who make a living from the income of the crime victim or the crime victim’s spouse
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Number of months according to class × 5/6
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3. Other cases apart from paragraphs 1 and 2 above
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Number of months according to class × 3/6
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√ The victim’s or his/her spouse’s children, grandchildren, and siblings who make a living from the victim’s income shall be under the age of 19; and the victim’s or his/her spouse’s parents or grandparents who make a living from the victim’s income shall be 60 or above, respectively. √ However, the age limit above shall not apply to persons registered as having disabilities under Article 32 of the Welfare of Disabled Persons Act.
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· The compensation for physical disorders shall not exceed the victim’s average wage of 40 months (Article 22, paragraph 2 of the Crime Victim Protection Act, and Conditions under provisions excluding each paragraph of Article 23 of the Enforcement Decree of the Crime Victim Protection Act).
- Compensation Amount for Grievous Bodily Injuries
· The compensation amount for grievous bodily injuries shall be calculated by multiplying the victim’s monthly wages, actual monthly income, or average wages at the time of injury with the number of months classified below. The compensation for grievous bodily injuries shall not exceed the victim’s average wage of 40 months (Article 22, paragraph 2 of the Crime Victim Protection Act, and Article 24, paragraph 1, and the Attached Table of the Enforcement Decree of the Crime Victim Protection Act).
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Classification
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Number of months to multiply with monthly wages, etc.
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1. For the victim’s spouse (including putative marriage), or the victim’s children, if any, who make a living from the income of the crime victim or the crime victim’s spouse
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The number of months deemed necessary to cure the grievous bodily injury according to a medical diagnosis issued by a doctor working for a “hospital-level medical institution” (hereinafter referred to as the “Number of Months”) × 6/6
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2. If having no family mentioned under paragraph 1 above, tor the victim’s parents, grandchildren, grandparents, or siblings, if any, who make a living from the income of the crime victim or the crime victim’s spouse
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Number of months × 5/6
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3. Other cases apart from paragraphs 1 and 2 above
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Number of months × 3/6
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1. The victim’s or his/her spouse’s children, grandchildren, and siblings who make a living from the victim’s income shall be under the age of 19, and the victim’s parents or grandparents who make a living from the victim’s income shall be 60 or above, respectively. 2. However, the age limit above shall not apply to persons registered as having disabilities under Article 32 of the Welfare of Disabled Persons Act. 3. If the treatment term is calculated daily on the medical diagnosis, etc., 30 days shall be considered a month when counting the number of months for compensation. If the treatment term is calculated on monthly basis, the days of each month shall be counted before calculating 30 days as a month to determine the number of months for compensation (Article 24, paragraphs 2 and 3 of the Enforcement Decree of the Crime Victim Protection Act).
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Emergency Victim Compensation
- Suppose the payment for victim compensation is filed to the Crime Victims' Compensation Deliberation Committee. If the degree of the victim’s injury or grievous bodily injury is unclear, or if some other reason make quick decisions impossible, it may decide by official authority or application to pay emergency compensation within the scope of 50% of the expected compensation amount (Article 28, paragraph 1 of the Crime Victim Protection Act and Article 38, paragraph 1 of the Enforcement Decree of the Crime Victim Protection Act).
- The remaining amount of victim compensation, excluding the paid emergency victim compensation, shall be provided to the person who received the emergency victim compensation (Article 28, paragraph 4 of the Crime Victim Protection Act).
- However, suppose the person provided with the emergency victim compensation is determined to receive lower compensation than the received emergency compensation. In this case, the person shall return the difference to the nation. If it is decided that the person shall not be provided with victim compensation, he/she shall return the entire amount received for emergency compensation to the nation (Article 28, paragraph 5 of the Crime Victim Protection Act).
Application to Receive Crime Victim Compensation
Application for Emergency Victim Compensation or Compensation for Bereaved Families
- Suppose a person intends to apply to receive compensation for the victim’s bereaved family or emergency victim compensation. In this case, he/she shall submit the following documents to the Crime Victims' Compensation Deliberation Committee (hereinafter the “District Compensation Council”) of the district prosecutors’ office having jurisdiction over the applicant’s address region, residence, or place of the crime. However, suppose more than two equivalently ranked bereaved family members apply for compensation. In this case, the applicant shall indicate his/her intention under the remarks of Attachment Form No. 9 of the Enforcement Rules of the Crime Victim Protection Act. However, he/she may not attach documents that overlap (Article 25, paragraph 1 of the Crime Victim Protection Act, and Article 6, paragraphs 1 and 2 of the Enforcement Rules of the Crime Victim Protection Act).
· Application for Victim Compensation (Appendix Form No. 9 of the Enforcement Rules of the Crime Victim Protection Act).
· The victim’s death certificate, postmortem examination certificate, or any other documents that verify the crime victim’s death or date of death.
· The applicant’s name, date of birth, permanent address, and x-documents verifying the applicant’s relationship with the victim (only if the relationship cannot be verified through a family relationship certificate, a basic certificate, an adoption relationship certificate, and a certified copy or an abridged copy of a resident registration card)
· Suppose the applicant did not register marriage but had a putative marriage relationship with the victim. In this case, the applicant shall submit a certificate for authentication.
· Suppose the applicant is not the victim’s spouse (including putative marriage) or the victim’s children who made a living by the victim’s income when he/she passed away. In this case, the applicant shall verify that he/she is the most prioritized bereaved family through a certificate.
· The applicant shall submit a national tax payment certificate, a local tax taxation certificate per tax item, an income amount certificate, a business registration certificate, or any other documents that verify that he/she was making a living by the victim’s income when he/she encountered criminal damage (not applicable if the victim’s spouse applies)
· Family relationship certificate, basic certificate, adoption relationship certificate, and certified copy or abridged copy of a resident registration card (excluding cases where a consent has been given for Regulations on Sharing Administrative Information).
· Family relationship certificate, basic certificate, certified copy of resident registration card, and an abstract of the resident registration card (excluding approval cases on Regulations on Sharing Administrative Information).
Applications to Receive Compensation for Physical Disorders, Grievous Bodily Injuries, or Emergencies
- Any person who intends to apply to receive compensation for a physical disorder, grievous bodily injury, or emergency shall submit the following documents to the District Compensation Council having jurisdiction over his/her address region, residence, or place of the crime (Article 25, paragraph 1 of the Crime Victim Protection Act and Article 7 of the Enforcement Rules of the Crime Victim Protection Act).
· The applicant’s name, date of birth, permanent address, and x-documents verifying the applicant’s relationship with the victim (only if the relationship cannot be verified through a family relationship certificate, a basic certificate, an adoption relationship certificate, and a certified copy or an abridged copy of a resident registration card)
· Application for the Victim Compensation (Appendix Form No. 11 of the Enforcement Rules of the Crime Victim Protection Act).
· Documents that verify the applicant’s physical disorder, area or condition of grievous bodily injury, such as the doctor’s, dentist’s, or oriental medicine doctor’s medical diagnosis or written opinion.
·National tax payment certificate, local tax taxation certificate per tax item, income amount certificate, business registration certificate, or any other documents that verify the victim’s income at the time when he/she was affected by the criminal injury
· Suppose the applicant already had a physical disorder in the same area injured during the crime. In this case, the applicant shall submit the doctor’s, dentist’s, or oriental medicine doctor’s medical diagnosis or written opinion on the area and condition of the physical disorder.
· Documents that verify the hospitalization and treatment periods for the grievous bodily injury compensation, such as certificates of entering or discharging from the hospital.
Period to Apply for Victim Compensation
- The applicant shall not apply for victim compensation three years after realizing the crime damage, or ten years after the date of criminal damage occurrence (Article 25, paragraph 2 of the Crime Victim Protection Act).
Decision to Pay Crime Victim Compensation
Crime Victims' Compensation Deliberation Committee
- Each district prosecutors’ office operates its District Compensation Council to deliberate and determine matters on victim compensation payments (Front Part of Article 24, paragraph 1 of the Crime Victim Protection Act).
- The District Compensation Council deliberates and determines matters on victim compensation payments for the area in which its district prosecutors’ office (district branch office, if any) has jurisdiction over (Article 24, paragraph 2 of the Crime Victim Protection Act).
Inspections, Etc. for Determination
- To deliberate matters on victim compensation payments, the District Compensation Council may investigate the applicant or other persons involved or have a doctor diagnose them. Moreover, it may command the applicant or other persons involved to report necessary matters after inquiring with administrative agencies, public institutions, or other organizations (Article 29, paragraph 1 of the Crime Victim Protection Act).
- The District Compensation Council may dismiss the application if the applicant refuses to comply with the investigation or be diagnosed by a doctor without justifiable reasons (Article 29, paragraph 2 of the Crime Victim Protection Act).
Determination and Payment of Compensation
- For victim compensation applications, the District Compensation Council shall quickly decide whether or not to pay the compensation (including the amount, if payment is decided) (Article 26 of the Crime Victim Protection Act).
- Suppose the District Compensation Council dismisses or rejects to pay (including refusal of partial payments) the applied victim compensation. In this case, the applicant may request the Crime Victims' Compensation Deliberation Committee (hereinafter referred to as “Deliberation Committee”) for a retrial through the District Compensation Council within two weeks after the original copy of the decision has been delivered. Then, the Deliberation Committee shall decide whether to proceed with a retrial within four weeks after the application (Article 27, paragraphs 1 and 3 of the Crime Victim Protection Act).
- Victim compensation shall be provided in a lump-sum payment(Latter Part of Article 17, paragraph 1 of the Crime Victim Protection Act).
Restrictions of Payment of Crime Victim Compensation
Restriction of Payment for the Victim’s Relatives
- The victim compensation shall not be paid if the victim (including the victim’s prioritized bereaved family) and assailant have a relative relationship falling under any of the following cases (Article 19, paragraphs 1 and 5 of the Crime Victim Protection Act).
· Married couple (including putative marriage)
· Lineal blood relative
· Relatives within direct cousins
· Relatives living together
- A partial amount of victim compensation shall not be paid if the victim (including the victim’s prioritized bereaved family) and assailant have a relative relationship not falling under any of the cases above (Article 19, paragraphs 1 and 5 of the Crime Victim Protection Act).
Restriction of Payment due to Reasons Attributable to the Victim
- The victim compensation shall not be paid if the victim (including the victim’s prioritized bereaved family) commits any of the following acts (Article 19, paragraphs 3 and 5 of the Crime Victim Protection Act).
· Aiding or abetting the relevant criminal act
· Inducing the applicable criminal act by excessive violence, threats, or serious insults
· Implementing severely unjust behavior related to the criminal act
· Accepting the relevant criminal act
· Conducting acts in a group or habitually that may lead to illegal acts (However, this is not applicable if the victim belongs to a group irrelevant to the crime suffered in the case)
· If the victim endangers the life or severely injures the body of the assailant, his/her relatives, or persons closely related with the assailant for revenge of the assailant’s criminal act
- Partial amounts of the victim compensation shall not be paid if the victim (including the victim’s prioritized bereaved family) commits any of the following acts (Article 19, paragraphs 4 and 5 of the Crime Victim Protection Act).
· Inducing the relevant criminal act by violence, threats, or serious insults
· Acts of negligence or inappropriate actions that caused or intensified the relevant criminal act
Restriction of Payment due to Social Norms
- Suppose paying some or all of the victim compensation is considered to go against social norms based on the assailant’s relationship with the victim or the victim’s family, or any other reason. In this case, some or all of the victim compensation may not be provided (Article 19, paragraph 6 of the Crime Victim Protection Act).
Victim Compensation Payment due to Exceptional Reasons
- Even if the applicant falls under reasons to restrict payment of victim compensation, some compensation may be provided if there is an exceptional reason that nonpayment of compensation goes against social norms (Article 19, paragraph 7 of the Crime Victim Protection Act).
Receiving Compensation or Benefits under Other Laws and Regulations
- Suppose the victim or his/her family may receive compensation or benefits due to the following criminal damages. In this case, the applicant shall not receive victim compensation (Article 20 of the Crime Victim Protection Act and Article 16 of the Enforcement Decree of the Crime Victim Protection Act).
1. Compensation for damages specified under the State Compensation Act
2. Benefits for physical disorders or bereaved families, or injury-disease compensation annuity under the Industrial Accident Compensation Insurance Act
3. Compensation for damages under the Compulsory Motor Vehicle Liability Security Act
4. Compensation under the Act on Honorable Treatment of and Support for Persons who Died or were Injured for Public Good
5. Compensation for disasters under the Seafarers Act
6. Benefits for injuries and diseases, physical disorders, temporary compensation, and bereaved families under the Act on Accident Compensation Insurance for Fishers and Fishing Vessels
7. Compensation for disasters under the Labor Standards Act
8. Compensation under the Volunteer Fire Brigade Establishment & Operation Act
9. Benefits under Article 77 of the State Public Officials Act, Article 68 of the Local Public Officials Act, Article 28, subparagraph 3 of the Public Officials Pension Act, Article 8, subparagraph 3 and items A, B, and C of subparagraph 5 of the Civil Service Accident Compensation Act, Article 7, items A and B of subparagraph 3, and items B 1) and 2) of subparagraph 4 of the Military Compensation Act, and Article 7, subparagraph 2, item B of the Veterans' Pension Act
10. Benefits under the Private School Act and Private School Teachers` Pension Act
- If the victim or his/her family received compensation for damages incurred by the corresponding criminal case, he/she shall not receive the victim compensation (Article 21, paragraph 1 of the Crime Victim Protection Act).
· If the victim or his/her family has already received the victim compensation from the nation, the nation subrogates the right to claim compensation for damages within the scope of the victim compensation (Article 21, paragraph 2 of the Crime Victim Protection Act).
※ “Subrogating the right to claim” means the creditor exercising the debtor’s claim rights of his/her debtor to preserve the creditor’s claim or credit. The condition above implies the nation, the claimant of compensation repayment, exercising the right to claim compensation for damages on behalf of the victim or his/her family, the debtor of compensation repayment.
Redemption, Etc. of the Victim Compensation of Crime Damages
Redemption of the Victim Compensation
- If the compensation recipient falls under any of the following cases, the nation may redeem some or all paid victim compensation through the District Compensation Council or Deliberate Committee (Article 30, paragraph 1 of the Crime Victim Protection Act).
· If receiving compensation by false statements or other illegal methods
· If turning out that the recipient falls under the reason of victim compensation restriction (Article 19 of the Crime Victim Protection Act) after being compensated.
· If the victim compensation was wrongly paid.
Time Limitation of the Right to Claim Victim Compensation
- Suppose the applicant does not exercise the right to claim victim compensation within two years after the written legal aid decision has been sent to the applicant. In this case, the claim right will expire after the time limitation (Article 31 of the Crime Victim Protection Act).