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ENFORCEMENT DECREE OF THE CRIME VICTIM PROTECTION ACT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE CRIME VICTIM PROTECTION ACT

ENFORCEMENT DECREE OF THE CRIME VICTIM PROTECTION ACT

대통령령타법개정시행 2025-06-21법무부 · 제35597호 · 공포 2025-06-20

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated from the Crime Victim Protection Act and those necessary for the enforcement thereof.

Article 2(Criteria for disability) #

(1) "As prescribed by Presidential Decree" in Article 3 (1) 5 of the Crime Victim Protection Act (hereinafter referred to as the "Act") means physical disabilities provided for in Appendix 1. <Amended on Dec. 19, 2017>

(2) Where two parts are physically disabled due to criminal injuries, grades by parts pursuant to Appendix 1 shall be determined and then the generally rated grade shall be determined pursuant to Appendix 2.

(3) Where three or more parts are physically disabled, the generally rated grade on two parts of the highest grade shall be determined first pursuant to Appendix 2 and then the final grade shall be determined by general rating of such grade and one part of the highest grade from among the remaining parts pursuant to Appendix 2.

Article 3(Criteria for serious injuries) #

"As prescribed by Presidential Decree" in Article 3 (1) 6 of the Act means cases where an injury or disease falls under any of the following subparagraphs and two or more months are necessary for medical treatment of the relevant injury or disease: <Amended on Apr. 14, 2015; Dec. 19, 2017>

1. Where important organs related to life and functions of a person are injured;

2. Where a part of body is cut, burst or deformed seriously;

3. In addition to matters prescribed by subparagraphs 1 and 2, as cases where a body is injured or its physiological function is damaged and hospital treatment thereof for not less than one week is required, where it corresponds to subparagraph 1 or 2;

4. As a serious mental disease due to criminal injury, where it is required to be admitted to hospital for treatment for not less than three days.

(Management of sensitive information and personally identifiable information)

Article 10(Provision of information related to criminal procedures on crime victims) #

(1) Detailed matters of information related to criminal procedures (hereinafter referred to as "information related to criminal procedures") which may be provided to victims of crime pursuant to Article 8 of the Act shall be as follows: <Amended on Dec. 29, 2020>

1. Matters related to investigation: Results of disposition of an investigative agency, such as prosecution, non-prosecution, stay of prosecution, stay of a person for reference, non-transfer, suspension of investigation, and transfer;

2. Matters of the progress of a trial: The date of a trial, a court to which a public action is instituted, the text of a judgment, the date of adjudication, the decision of judgment, whether to appeal;

3. Status of the execution of sentence: Provisional release, release, transfer, death, desertion, etc.;

4. Status of the execution of probation: The competent probation office, the date of commencement and the date of completion of probation, community service, orders to attend a lecture, the date of suspension and the date of cancellation of the suspension of probation, etc.

(2) In principle, information related to criminal procedures shall be provided to victims of crime; provided, where explicit consent has been given by a victim of crime, the relevant information may be provided to a crime victim support corporation.

(3) Where a crime victim requests information related to criminal procedures, the relevant State agency shall provide him or her with such information; provided, where it is feared that provision of information related to criminal procedures may do harm to the honor, confidential information on private life, safety of life or body, or serenity of life of an interested person in a case, information related to criminal procedures need not be provided.

(4) Information related to criminal procedures shall be provided in writing, verbally, by fax, or by other methods corresponding thereto. <Amended on Jan. 5, 2021>

Article 16(Payment of relief funds in installments) #

(1) Cases where relief funds may be paid in installments in accordance with the proviso of Article 17 (4) of the Act means where a victim subject to relief under Article 16 of the Act (hereinafter referred to as "victim subject to relief") or his or her bereaved family members are deemed to lack the ability to manage relief funds for any of the following reasons as at the time the payment of relief funds is determined:

1. A minor;

2. A person under adult guardianship;

3. A person who was declared bankrupt but is not yet reinstated;

4. A person who has mental restraints, such as mental unsoundness, due to old age, disability, illness, or other grounds.

(2) Where a district council determines to pay relief funds in installments in accordance with the proviso of Article 17 (4) of the Act, it shall fully consider the position, economic circumstances, etc. on the installment payment, such as whether a victim subject to relief or his or her bereaved family members apply for the payment in installments and the number of installments desired.

(3) The payment of relief funds in installments under the proviso of Article 17 (4) of the Act may be made up to 48 months.

(4) Where relief funds are paid in installments in accordance with the proviso of Article 17 (4) of the Act, interest applied with the interest rate determined and publicly notified by the Minister of Justice shall be paid together, in consideration of the average interest of 1-year term deposit of commercial banks for the period of payment in installments under paragraph (3).

(5) The amount to be paid in installments in accordance with the proviso of Article 17 (4) of the Act shall be the amount obtained by dividing the relief funds added with interest under paragraph (4) by the number of payment in installments under paragraph (3).

(6) Where the grounds for payment of relief funds in installments under the subparagraphs of paragraph (1) cease to exist, a district council may decide to pay the remaining relief funds in a lump sum ex officio or upon request of a victim subject to relief or his or her bereaved family members.

(7) Where a victim subject to relief or his or her bereaved family member dies during the payment of a relief fund in installments, the remaining relief fund unpaid shall be paid in a lump sum to the bereaved family member with the highest priority in accordance with Article 18 of the Act, but if at least 2 bereaved family members have the same priority order, the relief fund shall be divided equally and paid.

(8) Where the remaining relief funds are to be paid in a lump sum in accordance with paragraph (6) or (7), intermediary interest calculated by using the simple interest discount rate formula at the interest rate determined and publicly notified by the Minister of Justice shall be subtracted therefrom.

[This Article Added on Mar. 11, 2025]

[Previous Article 16 moved to Article 16-2 <Mar. 11, 2025>]

Article 41(Requirements and procedures for registration of crime victim support corporation) #

(1) The requirements for registration of a crime victim support corporation pursuant to Article 33 (1) of the Act shall be as follows:

1. Not less than three kinds of the activities referred to in the following subparagraphs shall be the purpose of a corporation:

(a) Various advices, such as legal or psychological counselling to victims of crime;

(b) Financial support to those who have difficulty in living a normal family life or social life owing to criminal injury;

(d) Admission to hospital, emergency medical services and medical treatment of a crime victim;

(e) Legal aid support, such as a request for relief fund under the Act and this Decree and guidance on a request for aid of a legal aid corporation under the Legal Aid Act;

(f) Investigation and research, and education and public relations for the protection and support of crime victims;

(g) Operation of refuges or protective shelters for victims of crime;

(h) Other activities related to the protection and support of crime victims;

2. Ten persons or more from among the executive officers and employees of a corporation shall fall under any of the following items:

(a) Any person who has qualifications for or a license of attorney-at-law, doctor, etc. and is able to conduct activities related to the protection and support of crime victims in the relevant specialty, such as law and medicine;

(b) Any person who has worked for an agency related to the protection and support of crime victims, such as a legal aid corporation under the Legal Aid Act, for not less than five years;

(c) Any person who has engaged in business related to the protection and support of crime victims, such as the State, a local government or public organization, for not less than five years;

3. It shall have resources, such as an office and facilities necessary for conducting business for the purposes of the protection and support of crime victims.

(2) Any corporation who intends to register as a crime victim support corporation pursuant to Article 33 (1) of the Act shall file an application prescribed by Decree of the Ministry of Justice with documents attached thereto with the Minister of Justice.

(3) Where a corporation who has applied for registration pursuant to paragraph (2) meets the requirements for registration referred to in paragraph (1), the Minister of Justice shall register such corporation, as prescribed by Decree of the Ministry of Justice, and issue a certificate of registration to a crime victim support corporation.

(4) Where the Minister of Justice has issued a certificate of registration pursuant to paragraph (3), he or she shall publish it in the Official Gazette without delay.

Article 50(Disqualification, challenge, and voluntary refrainment of member of Criminal Conciliation Committee) #

(1) If a member of the Criminal Conciliation Committee falls under any of the following subparagraphs, he or she shall be disqualified from the relevant criminal conciliation case:

1. Where a member of the Criminal Conciliation Committee or a person who is or was his or her spouse is the person concerned;

2. Where a member of the Criminal Conciliation Committee is or was in a relationship with the person concerned;

3. Where a member of the Criminal Conciliation Committee is or was an agent of the person concerned;

4. Where a member of the Criminal Conciliation Committee has made a statement as a witness, testified or appraised concerning the relevant case.

(2) Where a member of the Criminal Conciliation Committee falls under reasons referred to in the subparagraphs of paragraph (1) or is likely to make an unfair criminal conciliation, the relevant person may file an application for challenge of the member of the Criminal Conciliation Committee with the chief public prosecutor of the competent district public prosecutors' office or its branch office.

(3) Where the chief public prosecutor of the competent district public prosecutors' office or its branch office recognizes that an application for challenge pursuant to paragraph (2) has good grounds, he or she shall make a decision on acceptance and the relevant member shall not participate in such criminal conciliation proceedings.

(4) Where it is evident that an application for challenge pursuant to paragraph (2) goes counter to the procedures or is made for the purpose of delaying criminal conciliation, the chief public prosecutor of the competent district public prosecutors' office or its branch office shall rule to dismiss an application for challenge.

(5) Where a member of the Criminal Conciliation Committee has a reason referred to in paragraph (2), he or she may voluntarily refrain from criminal conciliation with the leave of the chief public prosecutor of the competent district public prosecutors' office or its branch office.

ENFORCEMENT DECREE OF THE CRIME VICTIM PROTECTION ACT

Article 1(Purpose) #

Article 2(Criteria for disability) #

Article 3(Criteria for serious injuries) #

(Management of sensitive information and personally identifiable information)

Article 4(Application for dwelling support) #

Article 5(Standards for establishment and operation of protective shelter) #

Article 6(Standards and procedures for entering or leaving protective shelter) #

Article 7(Procedures for entrusted operation of protective shelter) #

Article 8(Supervision on entrusted operation of protective shelter) #

Article 9(Operation of counselling and treatment programs) #

Article 10(Provision of information related to criminal procedures on crime victims) #

Article 10-2(Provision of information on crime victims) #

Article 10-3(Case management meetings for protection and support of crime victims) #

Article 10-4(Crime victims' rights week) #

Article 11(Formulation of master plan for crime victims) #

Article 12(Formulation of annual implementation plan) #

Article 13(Formation of Crime Victim Protection Committee) #

Article 14(Duties of chairperson of Protection Committee) #

Article 15(Working committee) #

Article 16(Payment of relief funds in installments) #

Article 16-2(Relationship to benefits under other statutes or regulations) #

Article 17(Report on receipt of compensation for loss) #

Article 18(Exercise of subrogation of claims for damages) #

Article 19(Exercise of subrogation of claims for damages for work encouragement fund or workers' compensation benefits) #

Article 20(Amount of monthly salary or actual monthly income) #

Article 21(Basis of average wages) #

Article 22(Amount of relief fund for bereaved family) #

Article 23(Amount of relief fund for disabilities) #

Article 24(Amount of relief fund for serious injuries) #

Article 25(Special cases on payment of relief fund) #

Article 26(Functions of district councils) #

Article 27(Formation of district councils) #

Article 27-2(Disqualification, challenge and voluntary refrainment) #

Article 28(Duties of chairpersons) #

Article 29(Jurisdiction of district councils) #

Article 30(Designation of jurisdiction) #

Article 31(Conference) #

Article 32(Clerical employees) #

Article 33(Allowances for members) #

Article 34(Direction and supervision by Minister of Justice) #

Article 35(Formation and conference of Central Council) #

Article 36(Investigation and procedures for attestation necessary for subrogation of claims for damages or decision on relief) #

Article 37(Application for retrial) #

Article 38(Payment of urgent relief fund) #

Article 39(Decision and notification) #

Article 40(Reservation of payment of relief fund) #

Article 40-2(Methods of destroying data and request for perusal or reproduction thereof) #

Article 41(Requirements and procedures for registration of crime victim support corporation) #

Article 42(Registration of change) #

Article 42-2(Grant of subsidies) #

Article 43(Application for grant of subsidies) #

Article 44(Decisions on grant of subsidies) #

Article 45(Change of project plan which is purpose of grant of subsidy) #

Article 46(Cases subject to criminal conciliation) #

Article 47(Party) #

Article 48(Formation and operation of Criminal Conciliation Committee) #

Article 49(Appointment and dismissal of Member of Criminal Conciliation Committee) #

Article 50(Disqualification, challenge, and voluntary refrainment of member of Criminal Conciliation Committee) #

Article 51(Period of criminal conciliation) #

Article 52(Commencement of Criminal Conciliation Proceedings) #

Article 53(Sending of related materials) #

Article 54(Conclusion of criminal conciliation proceedings) #

Article 54-2(Reexamination of regulations) #

Article 55(Standards for imposition of administrative fine) #