ENGLISH

Victim and Assailant Involved with Violence and Injury
Accusation or Filing a Complaint
Definition of Accusation/Filing a Complaint
- “Accusation or filing a complaint” refers to a person expressing his/her intention for the investigation agency to penalize the assailant by reporting (Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003).
Person Entitled to File a Complaint
- Persons falling under any of the following cases of violence or injury hold a right to file a complaint to the investigation agency.
· Victim (Article 223 of the Criminal Act)
· The victim’s legal representative (Article 225, paragraph 1 of the Criminal Procedure Act)
· If the victim has passed away, the victim’s spouse, lineal relatives, or siblings (Article 225, paragraph 2 of the Criminal Procedure Act)
· The victim’s relatives, if the victim’s legal representative or the relatives of the victim’s legal representative is the suspect (Article 226 of the Criminal Procedure Act)
- The legal representative may file a complaint on behalf of the victim (Article 236 of the Criminal Procedure Act).
Procedure of Accusation/Filing a Complaint
- A person may file a complaint by submitting a letter of complaint to the prosecutor or judicial police officer, or orally in front of the prosecutor or judicial police officer. In this case, the judicial police officer shall promptly look into the filed complaint and send related documents and evidence to the prosecutor (Article 237, paragraph 1, and Article 238 of the Criminal Procedure Act).
- The judicial police officer may submit evidential data, medical certificate, etc., to prove that the victim suffered violence or injury.
※ The “judicial police officer” refers to the deputy assistant commissioner, senior superintendent, chief superintendent, and lieutenant; the “judicial police assistant” refers to the police sergeant, police corporal, and police constable (Article 197, paragraphs 1 and 2 of the Criminal Procedure Act).
※ For samples of how to fill out a letter of complaint (report), click [Here].
※ Definition of Mutual Accusation
Assailants of violence or injury are not the cause of the violence or injury but the ones who committed violence or injury. Therefore, both parties are both an assailant and a victim in most cases. In such cases, both parties may accuse the other party and file a complaint. So, the parties “mutually accuse” each other.