Application for Deposit by the Assailant (Suspect or Defendant)
Application for Deposit in Criminal Cases
- Suppose settlement is impossible due to the victim’s excessive request of settlement money or the assailant of violence/injury having a lack of funds to compensate the victim. In this case, the assailant applies for a deposit as a basis to be sentenced to a lighter penalty and as a way to show his/her sincerity (Refer to Supreme Prosecutors’ Office-Online Civil Complaint Office-Civil Complaints-Information on Case Procedures).
※ The deposit interest shall be 35/10000 annually (Article 2 of the Regulations on the Interest of Deposits).
How to Apply for Deposits
- For the application of a deposit, the suspect (defendant) of a violence/injury case shall submit the following x-documents to the victim’s competent court and pay the deposit to the designated bank account (see Article 4 of 「Deposit Act」, Article 20(1) and Article 21(3) of 「Deposit Regulations」, and Supreme Prosecutors’ Office-Participating Civil Complaint Office-Civil Complaints-Information on Case Procedures).
· One copy of the victim’s resident registration card (document indicating the victim’s address)
· Two copies of the deposit document
· Submit deposit notification copies equivalent to the number of depositories (along with a postage stamp to verify delivery as specified under Article 25, paragraph 1, subparagraph 4, item C of the Enforcement Rules of the Postal Service Act).
· One copy of the report of restricting withdrawal of the deposit
* Documents related to deposits are available on the Electronic Deposit website (https://ekt.scourt.go.kr) under the section "User Guide - Deposit Terms/Forms.
Sending of the Deposit Notification
- After the deposit has been paid, the court shall send the victim the deposit notification prepared by the suspect (defendant) of a violence/injury case (Article 29, paragraph 1 of the Deposit Regulations).
Deposit of Money with the Court and Hearing the Victim’s Opinion
- If, in a case involving assault or bodily injury, the defendant deposits a sum of money necessary for restoring the rights of the victim, the court must hear the opinion of the victim or their legal representative (their spouse, lineal relatives, or siblings if the victim is deceased) before rendering a judgment (main sentence of Article 294-5(1) of 「Criminal Procedure Act」).
- However, this does not apply if it is difficult to hear the opinion of the victim, and any of the following circumstances apply (proviso to Article 294-5(1) of 「Criminal Procedure Act」 and Article 134-13(2) of 「Rules of Criminal Procedure」):
· If the victim has already expressed their opinion on the defendant’s deposit in relation to the case, and there is no need to confirm it again
· If hearing the victim’s opinion is likely to significantly delay the trial proceedings
· If it is difficult to hear the victim’s opinion due to reasons such as being unable to identify the person for whom the deposit is intended
· If, in view of the circumstances of the hearing or procedural progress, it is otherwise difficult to hear the opinion of the victim
How the Victim Receives the Deposit
Documents to Submit
- If the victim of a violence/injury case intends to receive the deposit, he/she shall submit the following documents to the city/county court deposit official (Articles 2 and 33 of the Deposit Regulations).
· Two copies of the Invoice for Deposit Payment
· Deposit notification sent by the deposit official However, the victim may not submit the deposit notification if falling under any following case.
√ If the deposit amount to claim is less than KRW 50 million
√ If attaching the deposit document or a shareholder’s written approval
√ If billing for deposit payment due to compulsory execution or disposition on defaultr
√ If recognized that the victim has not sent the deposit notification
· Document proving the right to claim deposit payment. However, such documents are not required under any of the following circumstances:
√ If the content of the deposit document clearly indicates the right to claim payment
√ If a certificate confirming the identity of the beneficiary has been sent to the depository
How to Fill out the Deposit Payment Invoice
- The victim involved in a violence/injury case shall indicate the following matters on the Deposit Payment Invoice and sign and seal the invoice to receive the deposit paid by the suspect (defendant).
· Deposit number
· Deposit amount to be paid
· Reason for claiming deposit payment
· Reason for deposit interest payment, if any
· The claimant’s name, address, and resident registration number
· Reason why the claimant is the successor or the depositor/depositary, if so
· Indication of the court of deposit
· Date of claiming deposit payment
· Suppose the victim cannot attach the deposit notification on the deposit payment invoice. In this case, the victim shall instead submit a letter of guarantee with his/her signature indicating that he/she shall compensate for any losses related to the case with more than two other persons approved by the deposit official. Along with the letter of guarantee, the victim shall submit an asset certificate (certified copy of register), and a copy of his/her ID card and its significance.
Effectiveness of Deposit
Effectiveness of Deposit
- The suspect (defendant) of the violence/injury case may not reach a settlement with the victim. In this case, the suspect (defendant) goes through the deposit procedure to show that he/she tried to settle matters and mitigate the degree of penalty under practical criminal affairs.
How the Suspect (Defendant) Withdraws the Deposit
Restrictions on Deposit Withdrawal
- If a suspect (or defendant) in a violence/injury case has made a repayment deposit for the victim, the deposit may not be withdrawn in the following cases (main sentence of Article 9-2(1) and Subparagraphs 1 and 3 of Article 9(2) of 「Deposit Act」, and Article 489 of 「Civil Act」):
· If the victim has approved the deposit
· If the victim has notified the deposit office of intent to receive the deposit
· If it is before a final judgment confirming the validity of the deposit
· If the cause of the deposit has ceased to exist
Grounds for Permissible Withdrawal of Deposit
- However, the deposit may be withdrawn if any of the following applies, and the fact may be proven (proviso to Article 9-2(1) of 「Deposit Act」):
· If the designated recipient of the deposit agrees to the withdrawal or notifies the deposit office of their refusal to accept the deposit
· If a judgment of acquittal has been finalized or a decision of non-prosecution (excluding suspension of indictment) has been made in the relevant criminal case that gave rise to the deposit
Documents to Submit
- Any person willing to withdraw the deposit shall submit the following documents to the court of deposit (Article 34 of the Deposit Regulations).
· Deposit Withdrawal Invoice
· Deposit Document However, the assailant may not submit the deposit document if falling under any of the following cases.
√ If the deposit amount to claim withdrawal is less than KRW 50 million (including when the par value of stocks and bonds is less than KRW 50 million)
√ If attaching the shareholder’s written approval
√ If claiming for deposit withdrawal due to compulsory execution or disposition on default
· If the assailant has a document proving his/her right to claim for deposit withdrawal. However, the assailant may not submit the document if the deposit document clearly demonstrates his/her right of claim.
How to Fill out the Claim for Deposit Withdrawal
- The suspect (defendant) shall indicate the following matters on the claim for deposit withdrawal and sign and seal the document to withdraw the deposit paid by himself/herself (Article 32 of 「Deposit Rules」).
· Deposit number
· Deposit amount to withdraw
· Reason to withdraw the deposit
· Reason for deposit interest payment, if any
· The claimant’s name, address, and resident registration number
· Reason why the claimant is the successor or the depositer/depositary, if so
· Indication of the court of deposit
· Date of claiming deposit withdrawal
· Suppose the assailant cannot attach the deposit document on the claim for deposit withdrawal. In this case, the assailant shall instead submit a letter of guarantee with his/her signature indicating that he/she shall compensate for any losses related to the case with more than two other persons approved by the deposit official. Along with the letter of guarantee, the assailant shall submit an asset certificate (certified copy of register), and a copy of his/her ID card and its significance.