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.
Exemption for Foreign Victims- Application for Compensation
· When investigating foreign women, the investigation agency shall inform that she can apply for damage compensation under the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings (Article 11, paragraph 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.).
· The foreign 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).
√ If a foreign woman applies for compensation, evacuation orders under Article 46 of the Immigration Control Act and protective measures under Article 51 of the Immigration Control Act shall not be executed until the compensation order has been confirmed. In this case, the investigation agency shall take necessary measures for immigration control, such as notifying the foreign victim’s personal information and residence address to the Immigration Office (Article 11, paragraph 5 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.).
- 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 foreign victim of sex trafficking 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 national treasury shall bear the procedural costs for compensation orders (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 sex trafficking 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 sex trafficking 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 the claim right for sex trafficking 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 sex trafficking occurred (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, sexual molestation, sexual harassment, or other sexual damage shall not expire until the minor has turned 19 (Article 766, paragraph 3 of the Civil Act).
- Assailant Responsible for Joint Sex Trafficking
· Suppose several persons jointly committed sex trafficking 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 sex trafficking but separately, so the person responsible for damage is unidentifiable. In this case, the assailants shall jointly compensate for damages regardlessly (Article 760, paragraph 2 of the Civil Act).
· Any person who aided and abetted sex trafficking will be considered a joint criminal (Article 760, paragraph 3 of the Civil Act).