THE CURRENT SITUATION AND CHALLENGES OF MEASURES FOR
VICTIMS OF CRIME IN THE KOREAN CRIMINAL JUSTICE SYSTEM
Cho Kyoon Seok*

I. HISTORY AND DEVELOPMENT OF MEASURESFOR VICTIMS OF CRIME
In the Korean criminal justice system, prosecutors hold exclusive authority in investigating andindicting criminal cases. Victims of crime may report the damage done by offences or file a complaint to an
investigation agency, but they have no authority to directly indict criminals, nor to initiate formal criminal
procedures.1 Furthermore, the structure of the Korean criminal procedure is such that factors from both theadversarial system of common law countries and the inquisitorial system of civil law countries are combined.
However, victims of crime have not been acknowleged as direct parties in their own criminal cases. Rather,
they have been treated as either a method of evidence or the object for obtaining evidence. Thus, victims
of crime basically become “complainant” in the investigation phase and “witness” in the trial phase, and areotherwise totally excluded from the criminal procedures.
The first special system for protection of, and assistance to, victims of crime (hereafter, measures forvictims of crime) introduced in the Korean criminal justice system is the compensation order system. Thissystem allows victims of certain crimes, such as bodily injury, death resulting from bodily injury, crimes
inflicting bodily injury and death through negligence, crimes concerning rape and infamous conduct, larceny
and robbery, fraud and extortion, and embezzlement and breach of trust, to receive compensation fordamages occurring from the defendant’s criminal behaviour as defined by the criminal justice procedure.
This compensation order system is stipulated expressly in the text of the Act on Special Cases concerning
Expedition , etc . of Legal Proceedings , which was enacted on 29 January 1981.
Afterwards, the newly amended Constitution of 29 October 1987 guarantees both the right of the victim
to testify in court, in Paragraph 5 of Article 27, as a fundamental right, and also the right of the victim toaid, in Article 30, in which a person who has been personally injured by acts of crime may get aid from theState according to what the law provides thereon. In this fashion, the authority of the crime victim’s rights
was laid out in the Constitution as influenced by the Declaration of Basic Principles of Justice for Victimsof Crime and Abuse of Power, adopted by the United Nations on 29 November 1985. In accordance with theprovision of Article 30, the Crime Victim Aid Act was adopted on 28 November 1987 and was implemented
on 1 July 1988. Following the requirement of Paragraph 5 of Article 28, the Criminal Procedure Act (CPA)
was also amended. The revised CPA defines the right of the victims of crime to testify in court in Article294-2. Unfortunately, in spite of the constitutional amendment, the rights of victims of crime have not been
properly respected nor protected, and in some cases have even been neglected because the criminal justicesystem places more emphasis on the protection and human rights of offenders.
In the 1990s, non-profit organizations started to support female victims in sexual violence and domestic
violence cases. For example, the Korea Sexual Violence Relief Center was established on 13 April 1991 anddrew public attention to the protection of human rights for female victims of sexual violence and domestic
violence. On 25 April 1992, the Korean Association of Victimology, which initiated active academic researchconcerning the topic of victimology, was also founded. Consequently, the need for special measures for thevictims of certain crimes related to sexual violence and domestic violence became more widely and sociallyacknowledged. And these needs resulted in the following legislative Acts:* Professor of Law, School of Law, Ewha Woman’s University, Seoul, Korea.
1 On the Korean justice system, See www.moj.go.kr/HP/ENG/eng_02/eng_2040.jsp ; UNAFEI(1995), Criminal Justice Profilesof Asia-Investigation, Prosecution, And Trial .

76

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS• A
 ct on Special Cases concerning the Punishment of Specific Violent Crimes (adopted on 31 December
1990);• A ct on the Punishment of Sexual Crimes and Protection of Victims Thereof (adopted on 5 January1994);• A ct on Special Cases concerning the Punishment , etc . of Crimes of Domestic Violence (adopted on 13
December 1997);• A ct on the Prevention of Domestic Violence and Protection of Victims (adopted on 31 December1997);• P rotection of Informants , etc . of Specific Crimes Act (adopted on 31 August 1999);• A ct on the Prevention of Juveniles from Sexual Abuse (adopted on 3 February);• A ct on Prevention of Sexual Traffic and Protection of Victims Thereof (adopted on 22 March 2004);• A ct on Punishment of Acts of Arranging Sexual Traffic (adopted on 22 March 2004).
Although the level of protections from this legislation is not yet very thorough, these Acts, nonetheless,guarantee some level of procedural rights to certain groups of crime victims in the criminal justice process.
On the other hand, there was rare assistance to victims of violent crimes such as murder and robbery,crimes related to traffic violations, and safety accidents caused by criminal acts.
In this situation, for the first time in Korea, the “Victim Support Center” was established as a civicorganization for crime victim assistance in the region of Gimcheon and Gumi on 5 September 2003.
The establishment of this centre was sponsored by the Gimcheon Branch of the Daegu District Public
Prosecutors’ Office (author of this article was Chief Prosecutor of the branch at that time ) . The foundingof this centre led to increased social interest in victims of crime. Consequently, the Ministry of Justice, theSupreme Prosecutors’ Office, and the National Police Agency, respectively, developed their own measuresfor victims of crime. The Committee on Judicial Reform, led by the Korean Supreme Court, also discussed
assistance provided to victims in the legal system and made recommendations in a final report submitted to
the President in December 2004.
More than two decades after the initial institutionalization of crime victim assistance, a basic law forvictim protections, the Crime Victim Protection Act , was finally enacted on 23 December 2005. The
Criminal Procedure Act was also amended on 1 June 2007, as one part of the Judicial Reform Plan, andenforced from 1 January 2008. The Revised CPA contains new provisions regarding:(1) presence of persons with reliable relationship (CPA §163-2, §221y③, §276);(2) interrogation of witness through video or other transmission (CPA §165-2);(3) notice to victims (CPA §259-2);(4) non-disclosure of victim’s statements (CPA §294-3); and(5) victims’ inspection and copying of litigation record (CPA §294-4).
The Revised Act also strengthens the victim’s right to make statements in court (CPA §294-2) andextends the purview of the victim’s petition for adjudication (CPA §260). As such, the status of victims ofcrime in the criminal procedures is strikingly enhanced under the Revised Act. Based on such a recent
introduction and re-organization of provisions regarding victim support, it is not an overstatement to say that
Korea is now witnessing a renaissance in providing support to victims of crime.
Table 1: History and Development of Measures for Victims of Crime
Date

Contents

29 January 1981

Compensation Order(Act on Special Cases concerning Expedition,etc. of Legal Proceedings)

29 October 1987

Amendment of Constitution(§30 right of crime victim aid, §27 right of the victim to testify incourt )

28 November 1987

Crime Victim Aid Act

Misc

Enforced 1 July
1988

77

RESOURCE MATERIAL SERIES No.81

Date

Contents

28 November 1987

Amendment of CPA (§297-2 right of the victim to testify in court )5 January 1994

Act on the Punishment of Sexual Crimes and Protection of Victims
Thereof .

13 December 1977

Act on Special Cases concerning the Punishment , etc . of Crimes ofDomestic Violence .

31 December 1997

Act on the Prevention of Domestic Violence and Protection of Victims

5 September 2003

Establishment of the Gimcheon-Gumi Victim Support Center

7 June 2004

Misc

Establishment of the Office Crime Victim Assistance

National Police
Agency1 September 2004

Announcement of The Comprehensive Plan to Reinforce Protectionof, and Assistance to, Victims of Crime

MOJ

1 October 2004

Measures for the Protection of, and Assistance to, Victims of Crime

SPO

14 December 2005

Amenndment of Act on Special Cases concerning Expedition, etc. of
Legal Proceedings(Expansion of scope of Compensation Order, Reconciliation in
Criminal Proceeding)

23 December 2005

Crime Victims Protection Act

4 December 2006

Confirming The Basic Plan for Protection of, and Assistance to,Victims of Crime (2007 - 2011)

1 June 2007

Amendment of CPA (Extending the boundaries for victim protection)

3 September 2008

Establishment of the Korean Crime Victim Supporting Association(57 branches nationwide)

19 November 2008

The First National Meeting for the Human Rights of Korean Crime
Victims.

Enforced 24 March
2006

Enforced 1 January
2008

II. BACKGROUND TO THE DISCUSSION ON MEASURES FOR VICTIMS OF CRIME
A. Increased Sense of Insecurity about Crime
As explained so far, various procedures have been implemented for the protection of, and assistantce to,victims of crime in Korea. Several factors have contributed to this recent trend of increased interest in crime
victim assistance. Of these factors, a general sense of public insecurity and an increase in the public’s fear ofcrime are the most poignant.
In 2007, the total number of reported crimes was 1,965,977, a 7.5 % increase over 2006 and 3.8 times
higher than that of 1978, in which 513,165 crimes were reported. The number of reported criminal offences
per 100,000 citizens was 3,987.7, which is 2.9 times higher than that of 1978,2 in which 1,388.1 offences
per 100,000 citizens were reported. In particular, during the last ten years, the number of criminal offencescausing substantial damage to life, body, or property has steadily increased. For example:• h omicide has increased by 16.4% (966 cases → 1,124 cases);• r ape by 72.9% (7,886 cases → 13,634 cases);• a rson by 46.4% (1,157 cases → 1,694 cases); and2 Legal Research and Training Institute of Ministry of Justice. White Paper on Crime (2008), p.44, table -2.

78

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS• larceny by 141.9% (87,860 cases → 212,530 cases).
Only robbery has somewhat decreased (5,407 cases → 4,470 cases), but the number of robbery cases isstill high. As these numbers indicate, Koreans have become aware of a significant level of insecurity in theireveryday lives. Another concern of Korean society is a series of terrible disasters caused by criminal acts.
For instance, a person who had suffered from a mental disorder and lost all interest in his life deliberately set
a fire in the subway in the Daegu area on 18 February 2003. This fire killed 192 innocent persons and injured
147 persons.
This increase in the occurrence of crime and the frequency of large scale accidents has brought aboutan overall increase in the level of fear of crime throughout Korean society. Furthermore, this increase has
also provided Korean society with an opportunity to share in the sorrow, pain, and agony suffered by thosevictims, their bereaved families and to seriously consider the need to assist them.

B. Recognizing of Victims of Crime and Judicial Authorities’ Effort to Regain Public Trust
Although victims of crime commonly suffer great physical, mental, and financial damage—either directly
or indirectly—from crime, there has been a general lack of recognition about the extent to which they suffer.
In 2006, the Korean Institute of Criminology conducted a survey study of 484 crime victims (243 males and
241 females). According to the results of this study,3 victims indicated very negative emotional conditions
immediately after the criminal offence; they reported anger (reported by 80.7% of victims), anxiety (74%),
depression (68.8%), and emotional instability (64.3%). Victims also addressed questions regarding the levelof victimization they felt. These answers can be summarized in the order of mental damages (reported by
62.1% of victims), property losses (43%), and physical injuries (40.1%). When categorizing victims according
to basic personal information (sex, level of education), surrounding life information (marriage, home-owing),and socio-economic information (type of job, amount of income), victims of relatively low social statustended to report a higher level of impact on their lives by the crime, regardless of the type of damages.
Other than these direct damages, victims also reported secondary victimization conditions such as insomnia
and a feeling of emptiness (87.7%). After the crime, victims also indicated an inconvenience and generally
unpleasant experiences in their relationships with employers and colleagues (75.1%), family members(64.5%), friends (58.5%), police officers (42.7%), and media (11.2%).
In particular, victims of crime were not notified of any information while their cases proceeded fromthe beginning of the investigation to the final verdict, nor of any notice about the release of the alleged
offenders. Victims of crime were not given sufficient rights to access and collect information regarding thecases or to participate in the criminal justice proceedings against their offenders. Furthermore, during theinvestigation or trial phrase, the victims’ reputations and privacy were often infringed.
As a result, victims of crime generally have negative perceptions of the criminal justice system.
For example, many believe that it is useless to report a crime; they may humiliate themselves and be
victimized again during the investigation or trial; and recovery of damages in any way is almost impossible.
The accumulation of such distrust in judicial authorities has even led to a refusal to co-operate during
investigation or at the trial of the offenders. Recently, the judicial authorities have recognized a need toregain the trust of the public. Various policies and measures have therefore been implemented, one ofwhich is to have greater consideration for victims of crime and to have compassion and understanding fortheir needs. The judicial authorities have now come to the conclusion that the protection of, and assistanceto, victims of crime not only serves to enhance public trust, but is also the morally right response to take,especially in view of the fact that anyone can be a victim of crime.

C. Change of Social Conditions which Emphasize Human Rights and Social Welfare
Since the late 1990s, there has been a new atmosphere in Korean society which puts more emphasis
on democracy, human rights, and social welfare. While implementing new public programmes, the Korean
government has presented policies to meet these goals. As one of new programmes reflecting this policy,
the Korean government has developed measures for victims of crime. In other words, the changes in social
conditions inevitably provided an opportunity to review human rights and welfare for aliens or minority
groups. Following this trend, those issues which affect victims of crime, and which have traditionally been
3 Cho, Kyoon-seok; Choi, Insub; Lee, Soonrae, Study of Crime Victim in Korea , 2006.

79

RESOURCE MATERIAL SERIES No.81

ignored in the criminal justice system, are now also under review.

D. Capacity Expansion of Civil Organizations Involved with Victims of Crime and Accumulation of
Study on Victimology
Another factor that has contributed to the recent active discussion of victims of crime is the capacity ofcivic, non-profit organizations which conduct public activities for the protection of, and assistance to, victims
of crime. The enhanced capacity of scholars to continue their academic research has also led to the recent
focus on crime victims. The activities of such scholars and civic organizations have provided a theoreticalbackground to develop new laws and systems which are now in place. In addition, their activities havecontributied to the practical execution of these laws and systems.
III. CONTENTS OF THE CRIME VICTIM PROTECTION ACT AS A BASIC LAW
In general, the rights enumerated in the following list are considered the rights of victims of crime:
1. The right to fair treatment;
2. The right to access information;
3. The right to recovery;
4. The right to express their opinions;5. The right to receive support;
6. The right to be free from re-victimization; and7. The right to safe and secure living.
The protection of, and assistance to, victims of crime generally indicate the fulfillment of the rights
mentioned above. Historically, there has been a progression in the types of assistance rendered to crime
victims. In the 1960s, financial assistance to victims of crime started; in the 1970s, the provision ofassistance offered by civic organizations flourished; and, in the 1980s and 1990s, systematic and legal
assistance began. Currently, the focus has moved towards the social welfare approach, one step forward from
criminal justice assistance.
Following the international trend of guaranteeing victims’ rights, the Crime Victim Protection Act(CVPA) was adopted in Korea on 1 December 2005. This statute was promulgated on 23 December 2005 andcame into force on 24 March 2006. The CVPA contains 27 Articles in 5 Chapters.

A. General Provisions (Chapter 1)
Chapter 1 contains Articles on the purpose of the Act, its basic principles, the definition of victims
of crime, and the duties of the central and local governments. The basic principles of the Act expressly
stipulate:
1. The human right of dignity to recover from damages occurring from a crime;
2. The right to protection of dignity and privacy; and3. The right to participate in legal procedures.
The Act also reflects the following three elements of protection of, and assistance to victims of crime:
efficient recovery from the aftermath of the crime, victims’ active participation in the criminal justicesystem, and the prevention of secondary victimization. The Act extends the boundary of the definition ofcrime victims as previously provided in various laws. The concept of crime victims in this Act includes aperson who has been injured by a criminal act, his or her spouse (including a de facto marital relationship),lineal ascendants and descendants, brothers and sisters, as well as a person who was injured while
conducting an act of crime prevention or providing aid to the victims.

B. Basic Measures for Protection of, and Assistance to, Victims of Crime (Chapter 2)
In Chapter 2 of the Act, various support measures for recovery are prescribed, such as counselling,
medical help, financial assistance, legal assistance and employment support. Victims of crime have theright to consult with investigators or participate in their trial. They also have the right to be informed
about results of investigation of their offenders, the trial date, trial result, and sentence imposed on theiroffenders, etc. In addition, there are provisions regarding the protection of the honour and privacy of crime
victims; training and education of personnel working for the protection of and assistance to crime victims;
and, the investigation of actual situations of crime victims and the basis for increasing public awareness ofthe necessity of crime victim support.
80

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Followed by the enforcement of the Act, the Ministry of Justice has implemented the programmeof educating persons who work in the area of victim protection and support. In 2009, two education
programmes were executed: mentoring education for volunteers and professional education for criminal
mediators. In order to bring public awareness to victim support, the Ministry of Justice created the First
Crime Victims’ Week in November 2007 and held the First Human Rights of Korean Crime Victims
Competition on 29 November 2008. The Ministry also appointed a publicity ambassador for crime victims as
one way of increasing public awareness of crime victims.

C. The Basic Plan for Protection of, and Assistance to, Victims of Crime (Chapter 3)
Chapter 3 prescribes that the Minister of Justice must develop a basic plan for a systematic national
protection and assistance programme every five years. The basic plan is to be discussed by the Crime
Victims Protection Committee, which is made up of representatives from the Prosecutors’ Office, National
Police, Ministry of Gender Equality, Ministry of Education and Human Resources Development, as well assome other experts from non-governmental organizations. Upon the Minister of Justice’s adoption of thebasic plan decided by the Crime Victims Protection Committee, the Minister and heads of other relevant
central and local governmental agencies must prepare and enforce an annual plan for the implementation of
the basic plan.
Following the enforcement of the Act, the Ministry of Justice organized the Crime Victim Protection
Committee on 30 November 2006 and adopted the Basic Plan for Protection of, and Assistance to, Crime
Victims (2007-2011) on 4 December 2006. The Ministry of Justice also continued to try to develop a
One-stop System for Victims of Crime with the collaboration of central administrative agencies, local
governments, and civic organizations.

D. Corporations by Those Rendering Assistance to Victims of Crime (Chapter 4)
Chapter 4 contains provisions for the establishment of corporations for the specific purpose of protecting
and assisting crime victims. According to this chapter, in order to set up such corporations, the fulfillment
of several requirements and registration with the Ministry of Justice are necessary. The registeredcorporations can be supported by subsidies from central and local governments but, in exchange, they must
accept certain levels of responsibility and supervision from the government. Crime Victim Support Centers,
which have already been established, may register themselves pursuant to this chapter and can receive a
subsidy. Currently, 57 Crime Victim Support Centers (CVSC) are registered throughout the country. These
centres actively provide a variety of services. In September 2008, the Korean Crime Victim Supporting
Association (KCVA) was also established.
IV. CURRENT SITUATION AND ISSUES OF MEASURES FOR VICTIMS OF CRIME AT EACH
STAGE OF THE CRIMINAL JUSTICE PROCESS
Except for the general measures for victims of crime in the criminal justice process (e.g., complaint,
measures of objection to non-prosecution, and the right to testify in court), special measures were initiallydeveloped for groups of victims in certain categories of crime and then applied to general victims. This
chapter reviews mainly general measures for victims of crime in criminal proceedings, and also refers
partially to special support systems for: (1) victims of specific violent crimes,4 sexual crimes,5 and domestic
4 A victim or eyewitness involved in specific violent crimes such as homicide and robbery may receive personal safetymeasures (§7 of the Act on Special Cases concerning the Punishment of Specific Violent Crimes ) and his or her identity is also
protected from public disclosure (§8).
5 For victims of sexual crimes, personal safety measures (§20), prohibition of divulgence of identity and the privacy of thevictim (§21), and assistance by a counselling centre and protective facilities (Chapter 3) are provided according to the Act on
the Punishment of Sexual Crimes and Protection of Victims Thereof . Moreover, the following special provisions are includedin the Act:a) taking and keeping of videos, etc. (§21-2);b) presence of persons having a reliable relationship with the victim during the questioning of the victim as a witness;c) questioning of a witness by means of video and relay devices (§§22-4);d) closing of the trial to the public (§22); ande) getting professional opinions from experts such as a psychiatrist about the mental and psychological state of a victim
and his or her statement (§22-2).

81

RESOURCE MATERIAL SERIES No.81

violence;6 (2) victims as informants of specific crimes;7 (3) victims of sexual trafficking;8 and (4) juvenile
victims of sexual exploitation and maltreatment.
Table 2: Measures for Victims of Crime in Criminal Proceedings
CPA
Presence of persons having a reliable relationship

SCPSVC§163-2
§221

PSCPV

SCPCD

§22-3

Taking and keeping of videos§165-2

Notice to victim§259-2

Seeking professional opinions§294

Victim statement§294-2

Trial and witness not to open to public§294-3

§10

§15
§22-2
§33
§22

§32

§11

§9

§7, §11§294-4

Guardian§6

Emergent and temporary measures§29

Personal safety measures

§7

§20

Protection from publication, etc.

§8

§20

§18

§21

§18

Prohibition of divulgence of identity and privacy

§6

§22-4

Identity management
Inspection and copying of record

PAAST
§8

§21-2

Video link

PISCA

§13

§6

§8

§6

Act on Special Cases concerning the Punishment of Specific Violent Crimes (SCPSVC )Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (PSCPV )Act on Special Cases concerning the Punishment , etc . of Crimes of Domestic Violence . (SCPCD )Protection of Informants , etc . of Specific Crime Act (PISCA )Act on the Punishment of Acts of Arranging Sexual Traffic (PAAST )6 For the victims of domestic violence, emergency measures such as evacuation and denial of access (§ 29), a victim’s right tomake a statement (§33), the compensation order (§ 57), and the closing of the trial to the public (§32) are available according
to the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence . Furthermore, assistance bya counselling centre and protective facilities are available according to the Act on the Prevention of Domestic Violence andProtection of Victims.
7 For the informant of specific violent crimes, narcotics crimes and organized crimes, a ‘criminal case guardian’ can beappointed to support the informant during the investigation and trial process (§6) and personal safety measures can be taken(§13) under the Protection of Informants, etc. of Specific Crime Act.
8 For the victims of sexual trafficking, such as persons who are coerced to be engaged in sexual activities by means ofdeception, force or other similar means, the presence of a person having reliable relation with the victim (§8), closing of thetrial to the public (§9), and assistance by a counselling centre and protective facilities are available according to the Act on the
Punishment of Acts of Arranging Sexual Traffic .

82

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

A. Investigation Stage
1. Complaint
Since private prosecution is not allowed in the Korean criminal justice system, victims of crime can only
report their damages from the crime or file a complaint against the alleged criminal offenders. The complaintis defined as a victim’s formal expression of reporting the alleged offenders’ criminal behaviour to theinvestigation agency and demanding the punishment of the offenders (CPA §223). The complaint can be filed
either in written or oral statements (CPA §237). On the death of the victim, his or her spouse, any of his or
her lineal relatives, or his or her siblings may file a complaint, if such complaint is not against the expressed
intent of the demised victim (CPA §225).
According to the Criminal Procedure Act , as for general offences, victims shall not file a complaint against
his or her spouse’s lineal ascendants (CPA §224). As for the offences, prosecution of which are subject tovictims’ complaints, victims must file a complaint within the period of six months from the date on which
the identity of the offenders becomes known to the victims (CPA §230①). However, especially as for thesexual crimes and domestic violence cases, victims can file a complaint against her or her spouse’s lineal
ascendants, because these types of crimes are often committed by persons in special relationships such as
family or relatives (Act on the Punishment of Sexual Crimes and Protection of Victims Thereo f §18, Act
on Special Cases concerning the Punishment , etc . of Crimes of Domestic Violence §6②). Furthermore,because victims of sexual crimes frequently hesitate to file a complaint, the statute allows a one year period
for filing a complaint in these cases. In other words, as for the sexual offences, victims must file a complaint
within a period of one year from the date on which the identity of the offenders becomes known to thevictims (Act on the Punishment of Sexual Crimes and Protection of Victims Thereof §19).
2. Ensuring Victims’ Safety and Privacy
The following are systems for ensuring victims’ safety and privacy:
1. Permitting the presence of persons with whom the victim has certain reliable relationships;
2. Personal safety measures such as prohibition of access by the offender;
3. Intentional omission of victims’ identity in written records;
4. Taking and keeping of videos;
5. Preparing a friendly environment for investigation;
6. Limiting the number of investigations;
7. Prohibition on divulging victims’ identity and privacy.
The first measure is applied to victims in general, but the others are applied to specific victims.
Permitting the presence of persons with whom the victim has certain reliable relationships is a measureintended to minimize the psychological burden of victims during criminal proceedings. This measure wasinitially applied to the victims of sexual crimes, but its application boundaries were extended to victims ingeneral in the Revised Criminal Procedure Act on 1 June 2007. A prosecutor or a judicial police officer may,
if deemed that the victim is likely to feel severe uneasiness or tension in light of his or her age, physical andmental state, or any other circumstances, allow a person who has a reliable relationship with the victim tosit in company with the victim, ex officio or upon a motion of the victim or his or her legal representative(CPA §221③, §163-2①). If a victim of a crime is less than 13 years of age, or incompetent to discern rightfrom wrong or make a decision due to physical or mental disability, a prosecutor or a judicial police officer
shall allow a person who has a reliable relationship with the victim to sit in company with the victim, unlesssuch company is likely to cause trouble in the proceeding or there is any inevitable reason otherwise (CPA
§230①), §163-2②).
In addition, since 31 August 2005, the police have established One-stop Support Centers throughout
the country in collaboration with police hospitals and hospitals annexed to universities. The One-stop
Support Centers provide 24-hour-services in medical support, consultation, legal assistance to victims ofsexual crimes, school violence, domestic violence, and sexual trafficking. The CARE (Crisis-Intervention,
Assistance & Response) team, composed of key agencies trained for psychiatric counselling, was alsoestablished. The CARE team provides support services to victims of violent crimes immediately after
the occurrence of the crimes. Lastly, the prosecutors’ offices and the police set up special video recording
investigation rooms in order to protect victims’ privacy.

83

RESOURCE MATERIAL SERIES No.81

3. Provision of Information for Victims of Crime
In the process of investigation, the police provide information to victims about the general overview
of the criminal justice procedure and available measures of assistance (Regulation on Crime Investigation§203). The police also inform victims about the process of the case and the disposition of the case. In orderto protect the privacy of victims, the notice of such information is offered to victims in any communications
mode that the victims request (e.g., oral statement, telephone communication, surface mail, e-mail, cell
phone text message) (Regulation on Crime Investigation §204).
The prosecutors also should send interim notice to the victim if they (the prosecutors) fail to dispose of
the complaint and accusations within three months from the date on which the case is filed, or if they fail totransmit the cases taken under direct cognizance within three months from the date on which the cases are
cognized by the prosecutors (Ordinance on the Interim Notice in Case of Complaint and Accusation of the
SPO, No. 427 adopted February 1, 1981 §3③). Prosecutors may deliver this notice in written statements
or cell phone text message (Ordinance of the SPO, No.427 §4). In addition, victims of crime have a rightto inspect and make copies of some official documents such as investigation records (Ordinance on the
Inspection and Copy of the Case Records of the SPO, No.427 adopted 9 January 2008).

B. Prosecution Stage
1. Measures of Objection to Non-prosecution(i ) Appeal and Repeal
Any complainant or accuser who is dissatisfied with the non-prosecution disposition given by aprosecutor may file an appeal with the chief prosecutor of the competent High Public Prosecutors’ Office(Prosecutors ’ Office Act §10①). Any appellant (excluding those who are eligible to apply for a rulingunder Article 260 of the Criminal Procedure Act ) may, if he or she is dissatisfied with a disposition of hisor her appeal, re-appeal to the Prosecutor General (Prosecutors ’ Office Act §10(2)). According to theserules, victims who file a complaint or make an accusation against the alleged offenders, or victims who
officially present their willingness to punish the alleged offenders following Paragraph 4 of Article 27 of theRegulation on the Prosecution Case Work, can appeal and re-appeal within the criminal justice procedure.
(ii ) Petition for Adjudication
A person who lodged a complaint with a right to such complaint (including those who filed an accusationof crimes under Article 123 (abuse of authority); 124 (unlawful arrest and unlawful confinement); 125(violence and cruel acts) of the Criminal Act)) may, if he or she receives a notice of non-prosecution fromthe public prosecutor, file a petition for adjudication, to find whether such disposition is properly made,with the High Court having jurisdiction over the District Public Prosecutors’ Office to which the publicprosecutor belongs (CPA §260①). The petition for adjudication shall be filed subsequent to an appeal (CPA
§260②). Since the Korean criminal justice system is founded on both principles of exclusive indictment by
public prosecutors and principles of discretionary indictment, the victim’s petition for adjudication is themost important method of controlling prosecutors’ unfair exercise of their exclusive indictment power. The
victim’s petition for adjudication is also very meaningful in terms of guaranteeing the victim’s participationin the process of initiating public prosecutions.
In 2007, the revision of Criminal Procedure Act allowed victims of all sorts of crimes to file the petition
for adjudication. As a result, the relationship between petition for adjudication, re-appeal, and constitutional
complaint has become controversial. Some professionals argue that all victims can only file the petition
for adjudication and cannot re-appeal to the Prosecutor General. They also claim that victims cannot filea constitutional complaint. The others argue that victims can choose either to petition for adjudication or
re-appeal to the Prosecutor General by themselves. Paragraph 3 of Article 10 of the Prosecutors ’ Office
Act states that the person who is eligible to apply for the re-appeal is any appellant but excludes those
who are eligible to apply for a petition for adjudication pursuant to Article 260 of the Criminal Procedure
Act . Thus, many can interpret the statute to mean that victims can only file a petition for adjudication.
However, I believe that the opportunity to select an appropriate method of appeal should be given to victims.
Consequently, I would argue that victims should be allowed to choose from among petitions for adjudication,
re-appeal, or even constitutional complaint, as a way of objecting to a prosecutor’s decision.
(iii ) Constitutional Complaint
Any person who claims that his or her basic right, guaranteed by the Constitution, has been violated by
an exercise or non-exercise of governmental power may file a constitutional complaint to the Constitutional

84

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Court, except in the judgments of ordinary courts (Constitutional Court Act §68①). Therefore, the following
group of victims can file a constitutional complaint: (1) victims who do not file a complaint or make anaccusation of alleged offenders; (2) victims who make an accusation against offenders but are not eligible
to apply for the petition for adjudication; and, (3) victims who officially present their willingness to punish
the offenders. However, these victims are eligible only after they apply for other relief processes provided
in other laws. In other words, no one may file a constitutional complaint without having exhausted allother processes (Constitutional Court Act §68①). The eligibility of other victims who can file a petition for
adjudication to apply a constitutional relief has already been discussed above.
2. Criminal Mediation between Victim and Offender
Criminal mediation is a system of calling for reconciliation between victims of crime and offenders, withthe assistance of a neutral third-party or trained mediator. Criminal mediation is a relatively new approach
to victims of crime and offenders and can be viewed as an alternative to the informal arbitration practices
which frequently occur in real criminal justice practice.
In April 2006, by way of example, criminal mediation was implemented in Seoul Southern District
Prosecutors’ Office and three other local prosecutors’ offices. From August 2007, all prosecutors’ offices
throughout Korea have provided criminal mediation services. Initially, the Criminal Mediation Committee
within the Crime Victim Support Center was in charge of criminal mediation. However, some professionals
raised questions about the fairness of the results of criminal mediation, since criminal mediation was
conducted under the guidance of Victim Support Centers. Therefore, on 10 November 2009, the authority toprovide criminal mediation services was given to the District Prosecutors’ Offices.
The types of crimes eligible for criminal mediation are virtually limitless, but the representative ones
are: (1) property crimes occurring from disputes based on cash transactions between victims and offenders,such as fraud, embezzlement, and breach of trust; and (2) crimes related to private disputes where victims
file complaints, such as libel, medical disputes, and employers’ delayed payment of wages.
Prosecutors decide whether a case can be referred to criminal mediation by considering the seriousnessof the alleged offences and the level of suspicion given to the alleged offenders. Only when both parties- victims and offenders - agree to participate in criminal mediation, can prosecutors transfer the cases
to criminal mediation (Ordinance on the Practice of Criminal Mediation of the SPO, No.427 adopted 30
October 2009 §2). Once a case is referred to criminal mediation, three mediators are selected from among
the members of the criminal medication committee. The actual practice of criminal mediation is conductedon the mediation date with the presence of both parties. Once both parties reach an agreement through themediation process, a written decision of the mediation is signed, and the outcome of mediation is informed
to the prosecutor who referred the case to criminal mediation. The prosecutor who received the notice ofcriminal mediation can make a final indictment decision. Even if a victim withdraws his or her complaint asa result of the criminal mediation, the prosecutor can still indict an offender if he or she finds a reasonable
evidence to indict. Even in this case, the prosecutor can reduce the degree of penalty against the offender orsuspend the indictment by considering the results of the criminal mediation.
Example 1

In November 2006, while complainant A was playing an instrument on a tavern stage, B stepped onto
the stage, provoked a quarrel, threw the instrument down, and destroyed the instrument.
As a result of criminal mediation, B agreed to pay A compensation, and A withdrew his complaint.
Example 2

Three brothers - C, D, and E - came into conflict with each other about an inheritance of 58 million
won. C and D filed a complaint against E and charged him with fraud and embezzlement.
The three brothers reconciled with each other within the criminal mediation procedure. They evencried when they reached an agreement. They decided to divide both property taxes and rents. The threebrothers also agreed that E would continue to manage the contested building and that when the building
was sold, they would share the proceeds from the sale.

85

RESOURCE MATERIAL SERIES No.81

In 2007, 7,862 cases were referred to criminal mediation and 7,212 cases were completed. Among the7,212 cases, 3,680 cases were settled, a 51.0% success rate. In 2008, 11,486 cases were referred to criminal
mediation, and 10,925 cases were completed. Among the 10,925 cases, 5,632 cases were settled, a 51.6%
success rate. From January to July 2009, 8,282 cases were referred to criminal mediation, and 6,614 cases
were completed. Of the 6,614 cases, 3,660 cases were settled, representing a 55.3% success rate.
Table 3: Statistics for Criminal Mediation
Number of cases
referred

Number of cases
completed

Number of cases
settled

Period: fromJanuary to
December 2008

11,496

7,212

5,632

571

51.6

Period: fromJanuary to
July 2009

8,382

6,614

3,660

1,765

55.3

Number of cases Successful mediationin processrate (%)

Criminal mediation is a system developed by the application of restorative justice principles within thecriminal phase of prosecution. Some criticize the criminal mediation programme by pointing out its lackof full consideration of restorative justice principles in establishing procedures for criminal mediation.
However, the criminal mediation system is generally graded very positively because it provides a timely
opportunity to restore the damages caused by the crime. The criminal mediation system also enhances
the protection of offenders’ human rights by putting offenders outside of investigation institutions, whileat the same time contributing to both the reintegration of offenders into society and the prevention ofrecidivism. Finally, criminal mediation empowers the community members by promoting private autonomy
in resolving criminal cases and, eventually, reducing the number of cases burdening our investigation andjudicial institutions. Consequently, the investigation institutions can put more resources towards othercriminal cases. As a result, the Ministry of Justice presented the Revised Crime Victim Protection Act,
which includes specific procedures for criminal mediation. This Act is currently under the deliberation of the
National Assembly.
3. Provision of Information for Victims of Crime
If, in a case in which a complaint or accusation has been lodged, the public prosecutor has decided toor not to institute prosecution, withdrawn prosecution or sent the case to a public prosecutor of anotherpublic prosecutor’s office, the public prosecutor shall inform the complaint or accuser in writing, withinseven days after such disposition has been made (CPA §258①). In addition, if a disposition not to institute a
public prosecution has been made, the public prosecutor shall, upon request of the complainant or accuser,
promptly inform them of the reason thereof in writing within seven days (CPA §259). A public prosecutor
shall, promptly upon receiving an application from a victim of a crime or his or her legal representative(including the victim’s spouse, lineal relative, or sibling, if the victim is dead), notify the applicant of whether
the indictment has been instituted for the crime, the time and place of trial, the result of the trial, and thefacts about detention, such as whether the suspect or the defendant is detained or released (CPA §259-2).
Enforcement Decree of the Crime Victims Protection Act requires notice to the applicant of the result ofcase dispositions, such as the prosecutor’s decision of indictment, non-prosecution, stay of indictment, stayby person for reference, and transferring the case (Enforcement Decree §2①i). The Prosecutors’ Offices
ensured the process of delivering this notice to victims by enacting the Ordinance on the Protection of, and
the Assistance to, the Victims of Crime of SPO, No. 432 on 1 May 2008.

C. Trial Stage
1. Victim’s Right to Express Opinion
The right to express opinion or make a statement allows the victim an opportunity to express an opinion
in the court as a witness if he or she requests (CPA §294-2). The previous system of the victim’s right toexpress opinions in court was not efficient in that there were many grounds on which such right could be
rejected. Moreover, while courts allow victims the opportunity to address the issue of proving an alleged
criminal act, there have been few cases in the past where victims were allowed to express their opinions
about the issue of the penalties handed down by the court.
86THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

In order to increase the application of this right, the Revised Criminal Procedure Act extends theboundary of persons who can exercise this right, from the victim to his or her legal representative (including
the victim’s spouse, lineal relative, or sibling, if the victim is dead). In case the victim has already given a
sufficient statement in the investigation process, he or she can still request this right and make a statement
in court, whereas his or her request to exercise this right was rejected in the former system. Furthermore,
the category of issues upon which the victim can express opinions becomes clear - statements on the
degree and result of damage, opinions concerning punishment of the defendant, and other matters relating
to the case at bar (CPA §294-2). Despite these revisions, the victim still remains a witness and can not bea direct party to the criminal procedure. As a result, it is hard to conclude that the victim’s right to express
an opinion or make a statement is a sufficient application of the Constitutional spirit to the criminal justiceprocess.
2. Ensuring Victim’s Safety and Privacy as a Witness(i ) Trial not Open to the Public
The court may, when it examines a victim of crime as a witness, decide by a ruling to proceed theexamination behind closed doors, if it is deemed necessary for the victim’s privacy and personal safety, upona request from the victim or his or her legal representative or the public prosecutor (CPA §294-3①).
(ii ) Witness Protection Program for Informants , etc . of Specific Crime
In the case where the witness is the victim of or is an informant of a specific group of criminals, andwhere there is apprehension that a witness or his or her relatives may be retaliated against, matters relating
to the identity of the witness can be concealed in the process of confirmation of the witness’s identity,
witness oath, and the witness’s court testimony (Protection of Informants , etc . of Specific Crimes Act§11②,③). A public prosecutor or the head of the competent police station may implement personal safetymeasures for the witness, such as a police officer’s escort for the witness when coming to and returningfrom the court or the police station (Protectio n of Informants , etc . of Specific Crimes Act §13).
Example 3

In May 2005, A was summoned as a witness in a case where the defendants were the members ofa very organized street gang. Since there was considerable concern for A’s safety (i.e., retaliation fromother members of the gang), a staff member of the prosecutor’s office, assisted by a staff member and a
volunteer of the Victim Support Center, escorted A to court. This escort service was provided to A fromhis home to the court and back home again.
3. Minimizing the Burden on Victims in Testifying as a Witness(i ) Presence of Persons having a Reliable RelationshipThe court may, if it deems that the victim9 as a witness is likely to feel severe uneasiness or tension inlight of the age of the victim, his or her physical and mental state, or any other circumstances, allow a person
who has a reliable relationship with the victim to sit in company with the victim, ex officio or upon a motionof the victim, his or her legal representative, or the prosecutor (CPA §163-2①). If a victim of a crime isless than 13 years of age, or incompetent to discern right from wrong or make a decision due to his or her
physical or mental disability, a prosecutor or a judicial police officer shall allow a person who has a reliable
relationship with the victim to sit in company with the victim, unless such company is likely to cause a
trouble in the proceeding or there is any unavoidable reason otherwise (CPA §163-2 ②).
(ii ) Interrogation of Witness through Video or Other Transmission System
A court may, if deemed proper when it examines any of the following persons as witness, examine theperson through a video or other transmission system or install a partitioning facility to place the person
behind the facility for examination after hearing the opinions of the public prosecutor and the defendant or
his or her defence counsel:

9 And also for the victims of sexual violence (on application), victims of sexual trafficking (on application as well as ex officio ),victims of elder and child abuse (on application pursuant to Article 39 of the Welfare of the Aged Act , introduced by anamendment on 29 January 2004, and Article 28 of the Child Welfare Act ), presence of persons having a reliable relationshipwith the victim is possible during the investigation or questioning in court as a witness.

87

RESOURCE MATERIAL SERIES No.81( a) a victim of a crime under any provision of subparagraphs 1 through 3 of Article 40 of the Child WelfareAct;( b) a juvenile or a victim who shall be protected from a crime under any provision of Articles 6 through 10of the Act on the Prevention of Juveniles from Sexual Abuse; and(c) a person who is deemed likely to seriously lose peace of mind due to psychological burdens when the
person testifies in confrontation with a defendant or any other person, in light of the nature of the crime
involved, the age of the witness, his or her physical and mental state, the relationship with the defendant,
or any other circumstances (CPA §165-2).
The interrogation of a witness through video or other transmission system is provided for in legislation
with the goal of preventing the secondary victimization of the victim and guaranteeing the defendant’s
right to cross-examination. This technology allows the interrogation to be implemented. This type ofinterrogation was already available to the victims of sexual crimes, but has now been extended to thevictims of all other crimes. Some criticize this type of interrogation by pointing out that the defendantcannot exercise his or her right to defend him or herself fully in this interrogation. However, even though
the defendant cannot confront the witness directly, the defendant still can exercise his or her right tocross-examination in this interrogation. Therefore, I believe that this type of interrogation does not violate
defendants’ rights in criminal proceedings.
(iii ) Submission of Evidence of Video -recorded ProductIn the event that the victim of a sexual crime is under the age of 16 or has feeble ability in discerning
matters or making decisions due to physical or mental impediments, the contents of the statements madeby the victim and the process of investigation shall be videotaped and kept with the consent of the victim. In
the event that the statement made by the victim, which is recorded in the videotape, is authenticated for its
formation by a statement of the victim or any person who was present in the process of investigation and hasa reliable relationship, on the date when a trial is prepared to be held or a trial is held, such videotape may bemade evidence (Act on the Punishment of Sexual Crimes and Protection of Victims Thereof . §21-3③, ④).
In the present criminal procedure, the video-recorded product does not have the independent probativevalue of evidence, but can be employed as a supporting document that proves the authenticity of theformation of a protocol.
4. Provision Information for Victims of Crime
A public prosecutor shall, promptly upon receiving an application from a victim of a crime or his or her
legal representative (including the victim’s spouse, lineal relative, or sibling, if the victim is dead), notify theapplicant of whether the indictment has been instituted for the crime, the time and place of trial, the resultof the trial, and facts about detention, such as whether the suspect or the defendant is detained or released(CPA §259-2). The matters of which the prosecutor should notify the applicant are: the date of trial, thespecific court where the trial proceeds, main sentencing in the judgment, the date of sentencing, the court’s
finalization of the judgment, and whether the defendant appeals the judgment (Enforcement Decree of the
Crime Victim Protection Act §2①ii).
A victim of a case pending in court (including a victim’s spouse, lineal relative, or sibling, if the victim
is dead or suffers from a severe mental or physical disorder), the legal representative of the victim, or the
spouse, lineal relative, sibling, or attorney at law with the power of attorney granted by the victim or hisor her legal representative, may file an application for inspection or copying the litigation record with thepresiding judge (CPA § 294-4 ①).
5. Compensation Order System
The compensation order system requires that a victim and his or her successor may receive a civil
compensation order for direct physical damages, medical expenses, and solatium that occurred due tothe criminal acts of the accused case, either ex officio or upon application from the victim or his or her
successor, when a conviction is to be declared in a criminal trial procedure of the first instance and second
instance against the crimes such as bodily injury, death resulting from bodily injury, crimes of inflicting
bodily injury and death through negligence, crimes concerning rape and infamous conduct (except sexualintercourse under pretence of marriage), larceny and robbery, fraud and extortion, embezzlement and breach88THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERSof trust, destruction and damage (Act on Special Cases concerning Expedition , etc . of Legal Proceedings§25①). The court may order compensation also for the amount of compensation for damages agreed upon
between the accused and the injured party (Act on Special Cases concerning Expedition , etc . of Legal
Proceedings §25②). An authentic copy of the written conviction wherein a compensation order is finalized
shall have the same effect as an authentic copy of a civil judgment with executive force, with regard to acompulsory execution.
In the future, the compensation order system should be revised by including provisions that a victim
should be informed of the availability of a compensation order and that the indirect costs of the victim ofparticipating in the investigation and the trial may be reimbursed to the victim.
Table 4: Current Data on the Compensation Order System (Judicial Year Book (2000-2008)
SectionManagement

Amount ofCompensation(won)

Request(case)

Year
2000
2001
2002
2003
2004

Total

AcceptReject

1,521
1,726
1,930
3,480
3,151

1,416
1,510
2,226
3,053
3,732

493
391
433
660
756

686
674
418
758
1,550

237
445
1,375
1,635
1,426

34.8
25.9
19.5
21.6
20.3

22,623,778,079
23,284,854,700
37,633,017,681
27,402,781,689
55,621,107,364

2005
2006
2007
2008

3,743
4,258
6,263
4,904

3,279
4,087
5,951
4,824

802
858
1,082
1,075

705
1,963
459
3,363

1,772
1,266
4,410
386

24.5
21.0
18.2
22.3

60,084,592,946
55,437,494,842
94,371,444,688
83,326,196,213

Percentage ofWithdraw, etc. Acceptance(%)

6. Reconciliation in Criminal Proceedings with Regard to Civil Controversy
Where an agreement is reached concerning a civil controversy between the accused and the injured
party in an accused criminal case (limited to a case where a controversy over damage is related to a relevant
accused case), the accused and the injured party may in collaboration apply to the court of the first instanceor the second instance whereas the relevant accused case is pending to have the agreement entered in
the protocol of the trial (Act on Special Cases concerning Expedition , etc . of Legal Proceedings §36①).
When the court in charge of the case records the agreement in the protocol of the trial, it will be given thecompetence of civil procedural execution as like the judicial reconciliation (Act on Special Cases concerning
Expedition , etc . of Legal Proceedings §36⑤).
This system of reconciliation in criminal proceedings with regard to civil controversy looks similar to thecompensation order system. However, from the aspect that the reconciliation system allows the victim toexercise the right to request civil compensation in the criminal justice proceeding, the reconciliation system
goes one step farther than the compensation order system in protecting the victim’s right.
Unfortunately, however, the actual use of this reconciliation system is very low. From 2006 (the timeof enactment) to August 2009, only 75 criminal cases took advantage of this reconciliation system. Several
factors contribute to the low level of the utilization of this system. First of all, this system has not yet
acquired public awareness, thus, many victims and criminal defendants did not understand that they could
use this system at trial. Second, the defendant may prefer not to use this system because the defendant’s
reconciliation with the victim would be understood as an admission of guilt on the merits even before
the end of the criminal trial. Finally, judges may be reluctant to recommend this system. The judge’s
recommendation can be misinterpreted by the defendant as a persistent demand to reconcile with the victim
in exchange for reducing the sentence.
7. Measures for Victims of Crime in the Treatment Proceedings for Juvenile Delinquents
On 21 December 2007, the Juvenile Act was revised, and the major features of this revision were toguarantee the victim’s right to make a statement in the trial of a juvenile protection case and to introduce
the new system of the recommendation of compromise. A judge of the Juvenile Department shall, when

89

RESOURCE MATERIAL SERIES No.81

a victim or his or her legal representative, a counsel, a spouse, a lineal relative, or a sibling apply forstatement of opinion, give the victim an opportunity to state an opinion, etc. on the date of a trial (Juvenile
Act §25-2). A judge of the Juvenile Department may, if deemed necessary for character correction of ajuvenile and protection for a victim, recommend that a juvenile compromise with a victim, such as givecompensation for the victim’s loss or another form of compromise (Juvenile Act §25-3①). In cases wherea juvenile has compromised with a victim according to the recommendation, a judge of the Juvenile
Department may take this into consideration when deciding the protective disposition (Juvenile Act §25-3③).
The system of recommendation of compromise was installed based on the consideration of its efficiency
in protecting victims, as well as the correction of a juvenile through a reconciliation or mediation process
between the victim and the juvenile. However, some criticize this system by asserting that it is not a true
adoption of restorative justice since it can only be recommended in the hearing stage. This system also
compels a juvenile to participate in the compromise procedure.
During a three-month-period starting in July 2008, a conferencing programme (victim-offender mediationand dialogue) was implemented in 10 juvenile cases in order to apply the recommendation of compromisein the investigation stage of juvenile protection cases. This conferencing programme was organizedthrough collaboration between the Seoul Family Court, the Seoul Juvenile Classification Review Board,
the Korean Institute of Criminology, and the Center for Resolution of Conflict in Women Making Peace(WMP). Unfortunately, however, this programme is no longer provided because of the difficulty in selecting
appropriate cases.
Example 4

In March 2008, A (a second-year student of X middle school) and B (a second-year student of Y middle
school) fought each other twice because each criticized the other’s school. B and his friends as a groupbeat A seriously, and B, consequently, was brought into the juvenile court.
A, B, and their parents participated in the above-described conferencing programme, had five-hourconversations, and finally reached an agreement.

D. Execution of Sentence Stage
1. Probationary Supervision(i ) Probationary Supervision Program Considering Victims of Crime
In the process of executing probation orders, community service orders, or attendance service orders ona criminal, some programmes have been implemented in order to enhance the criminal’s accountability to
the victim. For example, in 2005, Seoul Probation and Parole Office developed the victim-offender meeting
programme with the purpose of preventing school violence. The details of services provided by this victimoffender meeting programme are: (1) giving an opportunity to the offender to write a letter to the victim;(2) arranging and facilitating a meeting between the offender, the victim, and their family members; and,(3) inviting the Director of the Association for Victims of School Violence and allowing him or her to givea special lecture to the offenders. In addition, attendance service orders for sex offenders encourage
apologies from offenders to their victims and further attempts by offenders to reconcile with their victims
by informing the offenders of the victims’ feelings during and after the crime. Furthermore, since December
2009, the homes of victims have been included as locations where convicted criminals can complete theircommunity service orders. Thus, criminals visit victims’ houses and do household chores for victims’
families, or renovations such as wallpapering or other tasks.
Example 5

In 2007, victim A, who was the owner of a bar, was knifed by an offender who tried to use a stolen
credit card. The offender was sentenced to four years in prison, while A suffered bodily injury and theafter-effects of the injuries, such as acute respiratory problems. A lived in a small efficiency apartment
with her husband, who could not get a job because of his liver problem, and with her teenage son, who
was mentally handicapped.
In December 2009, the Minister of Justice hung wallpaper in A’s apartment, with offenders, as one wayof completing their community service.

90

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS(ii ) Imposition of Special Matters of Observation Considering Victims of Crime
When the court orders probation by conferring either suspended execution of sentence (Criminal Act§62①) or suspension of sentence on probation (Criminal Act §59①) and the Parole Examination Board
makes a decision on probation or parole, the court and the Parole Examination Board can impose special
matters of observation upon the criminal, i.e., prohibiting his or her access to a victim or certain group ofpeople who would then become the subject of his or her recommission of a similar crime and recoveringdamages occurring from his or her criminal act (Protection and Surveillance , etc . Act . §32③iv,v).This
provision was introduced through the revision of the Protection and Surveillance , etc . Act on 28 May 2009.
This provision provides the basis for intimating the idea of restorative justice in the probation stage.
(iii ) Provision of Information for Victims of Crime
A public prosecutor shall, promptly upon receiving an application from a victim of a crime or his or her
legal representative (including the victim’s spouse, lineal relative, or sibling, if the victim is dead), notify
the applicant of of whether the indictment has been instituted for the crime, the time and place of trial, theresult of trial, and the facts about detention, such as whether the suspect or the defendant is detained orreleased (CPA §259-2). In particular, regarding the process of executing probation, the prosecutor should
notify a victim about the specific location of the Probation and Parole Office, the commencement andexpiration date of the defendant’s probation orders, community service orders, or attendance service orders,the date of the suspension of the defendant’s parole, and the date of the withdrawal of suspension of the
defendant’s parole (Enforcement Decree of the Crime Victim Protection Act §2①iv). The Crime Prevention
Policy Bureau of the Ministry of Justice developed the “Specific Report for Supporting Crime Victims in
Relation to Probationers and Parolees” in January 2008 and has provided information to victims.
2. Correctional Service(i ) Edification Program Considering Victims of Crime
The Ministry of Justice has implemented the Edification Program for inmates in order to educate inmates
about the impact of crime on a victim’s life or the victim’s emotions after the crime. In February 2006, theMinistry of Justice announced “The Ministry of Justice’s Strategic Plan for Change — Promise for Opening
Hope” and officially declared its step-by-step plan for implementing restorative justice programmes. Asa short-term plan, the Ministry of Justice will establish procedures for reconciliation meetings and letter
mailing, which initially applies to minor offenders such as offenders of plain acts of violence or traffic
offences and offenders inflicting bodily injury on lineal ascendants and will be gradually extended toother offenders. As a long-term goal, the Ministry of Justice will examine the possibility of adopting thedefendant’s compromise with the victim or the defendant’s compensation to the victim as important factors
to consider in making decisions on the defendant’s leave or parole. The Ministry of Justice will also review
ways of sending a part of the defendant’s in-prison wages to the victim each month.
In practice, the Seoul Regional Correction Headquarters actually implemented a programme of sending
an apology letter to victims in 2007. Unfortunately, only a few defendants participated in this programme,
which became an initial obstruction in implementing the Strategic Plan for Changes. As a result, theStrategic Plan has not been implemented as initially planned.
(ii ) Consideration of the Opinion of Victims of Crime in Parole
The warden of the correctional institution shall investigate whether the victim has recovered or not
before reviewing parole (Enforcement Rule of the Act on Execution of the Sentence and Treatment of
Prisoners §246). The warden of the correctional institution must take into account the feelings of thevictims of crime, the possibility that the criminal will commit a retaliatory crime when released, and whether
conciliation has been made or not, etc. (Enforcement Rule of the Act on Execution of the Sentence andTreatment of Prisoners §247).
(iii ) Provision of Information for Victims of Crime
A public prosecutor shall, promptly upon receiving an application from a victim of a crime or his or her
legal representative (including the victim’s spouse, lineal relative, or sibling, if the victim is dead), notify
the applicant of the facts about detention, such as whether the suspect or the defendant is detained orreleased (CPA §259-2). In regard to the process of executing the sentence of the defendant, a prosecutor
should inform the victim of the defendant’s parole, release, transfer, death, or flight (Enforcement Decreeof the Crime Victim Protection Act §2①iii). The Correctional Service of the Ministry of Justice published91

RESOURCE MATERIAL SERIES No.81“Instructions for Providing the Inmate Information to the Crime Victims” in March 2007 and has actuallyprovided information to crime victims.

V. OTHER MEASURES FOR VICTIMS OF CRIME
A. Crime Victim Aid
According to the Crime Victim Aid Act , the bereaved family of a person who has died, or a person who
suffers a serious disability due to a criminal act injuring human life or body, can receive a limited amount ofcriminal injury aid money. In other words, if a person who suffers a criminal injury cannot be compensatedfor the whole or part of the injury due to an obscurity or insolvency of the offender, or a person becomes a
victim in connection with furnishing any clue to the criminal investigation, such as complaint, accusation,etc., as well as any statement, evidence or presentation of materials, for an investigation or judgment of hisor her or another person’s criminal case, the State shall pay criminal injury aid money to the victim or his or
her bereaved family (Crime Victim Aid Act §3①).
However, where the victim and offender are related to each other (including a de facto marital
relationship), where the victim provokes a criminal act, or the occurrence of the criminal injury is
attributable to the victim, or even where it is deemed proper in a socially-accepted view, the whole orpart of criminal injury aid money may not be paid (Crime Victim Aid Act §6). The range of criminal injury
that can be applied is limited to death and serious disability, which is graded 1 through 6. In the case of adeath, 30,000,000 won (about USD 24,000), 20,000,000 won, or 15,000,000 won of the criminal injury aid
money is given to the family members of the dead victim. The exact amount is based on considerations
regarding the victim’s family, such as the number of surviving family members and their respective ages.
30,000,000 won is paid to the victim in the case of a grade 1 injury, and 6,000,000 won in the case of a grade
6 injury (Enforcement Decree of the Crime Victim Aid A ct §12, §13). Any person who desires to receive
criminal injury aid money shall apply for it within two years after the occurrence of the criminal injury is
known, or five years after the criminal injury occurs (Crime Victim Aid Act §12). The Criminal Injury Aid
Council established in the respective district public prosecutors’ office shall deliberate and decide mattersconcerning payment of criminal injury aid money (Crime Victim Aid Act §11).
On 20 April 2009, the amount of criminal injury aid money was raised and the range of disability grades
was extended for the current system of the criminal injury aid. However, since the application of thecriminal injury aid is still limited, it is necessary that the amount should be increased, and also those who
suffer disability from grade 7 to grade 13 should also be eligible for criminal injury aid money.

B. Other Financial Assistance
1. Bounty for Reporting Crimes
The informant (and his or her family) of particular crimes such as violent or narcotics crimes who are infear of retaliation, suffer from financial loss, or pay for moving expenses or a job change, may get a bountyof up to 1 million won, according to Article 14 of the Protection of Informants, etc . of Specific Crimes Act .
A person who has tipped any investigation agency off about any crimes of trafficking of women and girls
for sexual purposes may also be paid a bounty, according to Article 28 of the Act on Punishment of Acts of
Arranging Sexual Traffic .
2. Compensation for Traffic Accidents Caused by Uninsured Cars or Hit-and-Run Accidents
Victims of traffic accidents which were caused by unknown drivers, uninsured cars, stolen cars or drivers
without licenses who have no other compensation, are entitled to 80 million won in a case of death, 15
million won in case of injury and 80 million won for the aftermath, according to Article 5 of the Guaranteeof Automobile Accident Compensation Act . When recipients under the Basic Livelihood Security Act sufferfrom severe complications and disability caused by automobile accidents, the Victims and Family Support
Project of the Korea Transportation Safety Authority provides assistance for rehabilitation, living expenses,
scholarship, and dependents.
3. Compensation Money for a Person Killed or Wounded for a Righteous Cause
A person who is killed or injured while trying to save another person’s life, body or property fromimminent danger may be paid a similar amount of compensation as that which would have been given to a92

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

person for distinguished services to the State under the Honorable Treatment of Persons Wounded or Killed
for a Righteous Cause Act .
4. Assistance from the Korean Legal Aid Corporation
The Korean Legal Aid Corporation has been providing victims of domestic violence, sexual violenceand sexual trafficking with legal aid such as legal representation, free advocacy and legal counselling since
January 2003. By an amendment to the Legal Aid Act on 29 March 2007, the Corporation may legally protect
and support victims of crime in order to properly guarantee the rights of the victims of crime and help themspeedily rescover from the damage suffered.
5. Other Assistance
Besides the assistance listed above, there is a financial support system for the victims of sexual crimes
and domestic violence cases for their medical treatments. Emergency assistance can also be provided to
the victims of sexual crimes, domestic violence, and cruel treatment if the victims are temporarily unable toearn a living due to the result of the crime.

C. Civil Assistance
The Crime Victim Support Center (CVSC) was created on 5 September 2003 in Gimcheon and Gumi.
It was the first civic organization from a local community to support the recovery of crime victims from
criminal damages and to help them to live normal everyday lives as survivors. From the establishment ofGimcheon and Gumi CVSC until December 2007, 57 CVSCs were established throughout the country, one
in every district of the Prosecutor’s Office. These CVSCs actively provide their services to crime victims.
In addition, on 3 September 2008, the Nationwide Association for the Korean Crime Victim Support wasestablished.
In order to differentiate themselves from the sexual violence clinics or domestic violence clinic services,
the CVSCs have focused on direct legal assistance to the victims and spontaneous medical support
immediately after the incident, rather than providing mere counselling. The sorts of services provided by
the CVSCs can be divided into several categories. First, they provide consultation services via telephone,Internet, and face-to-face conversations. Second, groups of services can be identified as direct assistance tovictims, including:
1. Crisis intervention immediately after the occurrence of a crime;
2. Provision of information concerning a criminal proceedings; and3. Accompaniment to the investigation institutions and the court.
The examples of crisis intervention immediately after the occurrence of a crime are as follows:
1. Assisting a victim with calming down at the actual scene of a crime;
2. Cleaning up a crime scene;10
3. Helping to reset a victim’s everyday life, such as taking care of the victim’s children;
4. Finding a proper hospital in case a victim needs emergency treatments;
5. Accompanying a victim to a hospital; and6. Searching for ways to secure a victim’s safety when retaliation or re-victimization can possibly occur.
Third, the CVSCs provide medical care services in collaboration with certain hospitals in the surroundingarea. Fourth, the CVSCs also support victims financially by giving them living subsidies. Fifth, in addition
to these individual support services, CVSCs promote secondary services for crime victims, too. CVSCs
conduct studies on crime victims in order to both ensure the substantiality of victim support systems andto foster public awareness of the necessity of the victim support systems. CVSCs also develop education
programmes to cultivate human resources in crime victim support and to enhance their qualifications.
CVSCs actively inform communities about the availability of their services. Finally, CVSCs do not limit the

10 The Korean Central Victim Support Center, established in Seoul on 1 December 2004, aims to prevent re-victimization.

Re-victimization can be prevented partially by cleaning the scene of the crime. Thus, the Center has provided cleaning
services at the scene of a murder or other violent crimes through co-operation with cleaning business companies.

93

RESOURCE MATERIAL SERIES No.81

boundary of their services to Korean citizens, but also provide their services to foreigners.11
Despite such vigorous activities, the CVSCs still have difficulties in obtaining appropriate funding.
Furthermore, critics of CVSCs cite a lack of distinguishable or special skills in their personnel. CVSCs also
suffer from insufficient advertising of their services. A third challenge is the low level of co-operation the
CVSCs receive from other institutions. Thus, ways of improving the CVSCs’ quality of services must be
addressed in order to respond to these criticisms.
Example 6

In the case of serial killing that happened in the southwestern area of Kyunggi Province, the Ansan
CVSC conducted individual face-to-face interviews with bereaved family members. The Ansan CVSC
provided eight bereaved family members a total of 53,000,000 won for their living expenses, provided free
medical services (e.g., psychiatric treatment) to 16 victims who had suffered serious emotional problems,and provided legal assistance. In total, the victims received a 1,300,000,000 won compensation order fromthe court.
Example 7

A, a 31-year-old female, was knifed by the robber B, who originally entered into A’s apartment
disguised as a prospective tenant. Because of this incident, A sustained a 7.5-centimeter scar to her face,
but the cost of cosmetic surgery was prohibitive. The Korean Central Victim Support Center placed
her with a specialist in plastic surgery, who is a member of the medical support team, who performed
successful cosmetic surgery on her face at no cost.
Table 6: Activities of the CVSCs
Consultation

Financial& Medical
Assistance

Personal
Protection

Publicity& Education

Scene
Assistance

Total

2008

19,260

3,400

277

3,558

40

27,5352009 (Jan.-Aug.)

15,481

2,274

201

1,741

30

19,727Comparison withthat of same
period of 2008

+7.4%

There are two organizational features of the Victim Support Centers in Korea. The most significant one
is that they work with a direct connection with the Prosecutor’s Office. The Centers were established with
the initial support of each District Prosecutor’s Office and are supervised by the Ministry of Justice. Second,
the Centers have maintained a very close co-operative relationship with the Crime Prevention Committee
in the establishment, organization, and actual provision of services. This alliance is desirable because therelationship between crime prevention and victim support is like that of the front and back wheels of acar. However, it is necessary for the victim support centers to develop and maintain their own respective
working scope before they work closely with the Crime Prevention Committee.

11 The Western Seoul Victim Support Center, established on 10 December 2004, was successful on this point. For example,

two Thais who came to Korea after being defrauded by an employment agency received assistance in this Center. In
co-operation with the victim assistance office of the Western Seoul Prosecutors’ Office, the Center helped them get
documents from Thailand in order to file a complaint with the investigation office. The Center then provided them financial
support for accommodation and travel.

94

THE 144th INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

VI. CHALLENGES OF MEASURES FOR VICTIMS OF CRIME
A. Preparation and Enforcement of the Substantial Basic Plan for Protection of, and Assistance to,Victims of Crime
I believe that the measures for victims of crime must consist of an overall provision of services relevant
to victims’ recovery from the crime. Therefore, the support to victims should not be limited to theboundaries of the criminal justice policy, but should include aspects of social welfare - providing various
social welfare services for the victims’ residence, health, education, and employment, etc. For these reasons,
I would argue that for effective assistance to victims, it is necessary to draw the government’s special
attention to this issue and to develop an integrated policy for victim support.
In 2007, the Korean government set up and implemented the Basic Plan for Protection of, and Assistanceto, Victims of Crime (2007-2011). Up to now, it was expected that this plan would be implemented very
specifically and would achieve real goals, but it has not yet achieved all it was designed to accomplish. One of
the main reasons for its shortcomings is that many departments of the government, except for the Ministryof Justice, have not given their full attention to this issue. Above all, however, the key problem is the lack ofattention from local governments which influence the everyday lives of ordinary Koreans most directly inproviding their administrative services.
One way of increasing general awareness of crime victims is that the Korean President can make anofficial statement concerning the protection of crime victims during Crime Victim’s Week as the American
President did. He can also attend the Human Rights of Korean Crime Victims Competition annually. The
President’s attention to this issue can be the most effective driving force for promoting new and bettermeasures for crime victims. Along with increased attention from the government, the Basic Plan should bedesigned to include an array of feasible sub-plans and strategies from various perspectives.
Recently, the Ministry of Justice sought to establish the Welfare Center for Victims of Crime (Smile
Welfare Center) and to develop a strong network among institutions supporting crime victims. The Welfare
Center for Victims of Crime is a place for providing psychological and mental care services to victimsof violent crimes and their family members. This Center will also run a shelter for those victims who
are unable to get appropriate care in their own homes. The Ministry of Justice has a plan to implement
all services of the Welfare Center for Victims of Crime, beginning this year, by contracting with a civic
professional institute.
The Ministry of Justice’s work for developing a strong network is to create a systematic collaborative
relationship among individual victim support institutions, which only covers one or two specific groups ofcrime victims separately. For example, some institutions focus only on victims of sexual violence crime
cases and domestic violence cases. Others aim to help victims of school violence. As such, victims of childmolestation cases and sexual traffic cases are also assisted separately through different institutions. Thus,
with the goal of providing proper assistance to a victim in a right time period, the Ministry of Justice is
attempting to develop a total telephone network among these institutions and a source internet homepage
connecting all these institutions. In particular, it is necessary to include the police, prosecutors, andemergency call 119 into this total network of victim support in order to help victims from the very first stageof the criminal investigation.

B. Strength of Measures for Victims of Crime in Criminal Proceedings
The revision of the Criminal Procedure Act allows the petition for adjudication for all crimes, and since2008, lay Koreans have participated in the criminal justice process as a revised form of a jury trial. Alongwith these recent changes in the criminal justice system, I believe that it is necessary to enhance the statusof crime victims in the criminal justice procedure. Thus, a system should be adopted in which the crime
victim can participate in a criminal case as a direct party to the proceeding, not as a witness, and exercise
his or her rights. For instance, the victim or his or her bereaved family may be allowed to conduct his or her
own action by producing evidence, by calling and questioning witnesses, by stating his or her opinion about
the sentencing, and by being involved in the appeal process. Or, at least, the system should allow the victim
or his or her bereaved family to appear in court as a direct party and to ask his or her own questions of the
defendant.

95

RESOURCE MATERIAL SERIES No.81

Recently, there has been a very desirable movement toward the strong support of victims of crime incriminal proceedings. The Ministry of Justice has considered the adoption of systems strengthening thestatus of victims in the criminal procedure very positively. Such systems include: (1) the victim participation
system, where a victim can present his or her opinion in court - not as a witness, but as a participant; (2)the victim counsel system; and, (3) the witness protection programme, which substantially guarantees theprotection of a witness, including the relocation of a witness or even the creation of a new identity for awitness, when necessary.

C. Creation of the Crime Victim Fund
Sufficient financial support is an essential prerequisite for the stable and successful implementationof any viable measures for crime victims. Since the current budget for these measures is very tight, theestablishment of the Crime Victim Fund is urgent and crucial. Recently, one defendant who committed achild sexual crime was given a relatively very short prison sentence, especially compared to the degree ofthe cruelty of his criminal act. This case was reported in the Korean news media, which eventually led to anational awareness of the necessity for victim support. As a result, on 21 October 2009, a Draft of the Crime
Victim Fund Act was submitted to the Korean National Assembly and is now being deliberated.
The Draft of the Crime Victim Fund Act considers fines paid for criminal acts to be a major source ofmoney for the Crime Victim Fund. This plan would require the allocation of approximately 5% of the total
amount of executed fines to this fund. For instance, in 2008, the total amount of executed fines was 1.5
trillion won. Thus, 5% of this total, or 75 billion won, would be paid to this fund according to the draft of thisAct. The draft specifies:
1. The usage of this fund for the various types of financial subsidies for victims;
2. The payment of government subsidies to the co-operatives for assisting victims of crime; and3. Other measures to support crime victims.
It is presumed that the National Assembly will reduce the amount of the fund when it passes the draftof this Act. Nevertheless, if the draft is passed, irrelevant to the actual amount, the Crime Victim Fund will
make a great turning-point in Korean measures for victims of crime.
If the fund is secured, it should be first employed to support and foster the Crime Victim Support
Centers. The Crime Victim Support Centers then will be well-equipped from every organizational aspect:personnel, material, and financial management. As a consequence, it is expected that the Crime Victim
Support Centers will provide “services of searching for victims to support (rather than waiting until victims
come to the centers)” and “services according to the demand of victims.” In addition, based on the creationof the Korean Crime Victim Supporting Association in September 2008, more attention should then be given
to international co-operation for victim support.

96