Compensation orders for victims
Compensation orders- Victims of domestic violence are entitled to receive civil compensation such as medical expenses and supporting allowances without filing an additional civil suit at the court where the trial for domestic violence is in progress through the compensation order for victims (Article 26 (8) of the “Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings”).
- If the court issues a protective order in the hearing procedure for a home protection case in the first trial, the court may allow the following monetary payment or compensation (hereinafter referred to as the “compensation”) either ex officio or upon request of the victim (Article 57 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence"):
1. Payment of money necessary to support victims or their family members
2. Compensation for direct physical damage and medical expenses incurred in a home protection case
※ The court may order the compensation agreed upon between an offender and a victim in a home protection case (Article 57 (2) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Application for compensation orders- The application for a compensation order may be filed if any of the following grounds is not present, and the application must be filed at the court where the home protection case is heard (Articles 56 (1) and 57 (3) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence” and Article 25 (3) of the "Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings”):
· If the name and address of the victim is unclear
· If the existence or the scope of the liability for compensation of the accused is apparent
· If there is a risk of significantly delaying the proceedings due to a compensation order, or if it is deemed unreasonable to issue a compensation order in criminal proceedings
- If the application for compensation is illegal, if the application is not based on any reasons, or if it is deemed inappropriate to issue a compensation order, the application for compensation will be dismissed (Article 59 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Issuance of compensation orders- The compensation order must be issued at the same time when a decision on a protective order is made (Article 58 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
- The compensation order will order the monetary payment of a certain amount and the subject and amount of compensation will be indicated in the main paragraph of each written decision on a protective order. In such cases, the grounds for a compensation order may be omitted, unless it is deemed particularly necessary (Article 58 (2) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").