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Q
I heard that in a case of infliction of bodily injury one can apply for a compensation order; what is the application method?
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I am the victim in an infliction of bodily injury case. Looking on the Internet, I found that there is something called a compensation order. They say that a victim of infliction of bodily injury can apply for a compensation order for the harm; is there a separate application method? No matter where I look, it is not properly explained... If anyone knows, I would be grateful if you could tell me the method and even the points to be careful about!
infliction of bodily injury
Answer to Related Inquiry
Author: 박동일
A victim of infliction of bodily injury can apply, in the criminal trial, for a compensation order for the harm suffered as a result of the crime.
An application for a compensation order has the same effect as filing a suit in a civil action, so it has the advantage that the victim can receive monetary compensation quickly.
There are two application methods.
First, the method of applying in writing.
Up until the conclusion of oral argument in the criminal trial at the first or second instance, you may submit the compensation order application and copies of the application matching the number of defendants to the court where the case is pending.
At this time, the victim may also attach documentary evidence that can prove the harm caused by the crime.
Second, the method of applying orally in court.
Where the victim attends as a witness, they may apply for a compensation order orally, and in this case the purport of the application is recorded in the trial record.
However, there are restrictions on applying for a compensation order.
Where the victim is already pursuing a lawsuit claiming damages in another procedure for the same crime, they cannot apply for a compensation order.
In addition, the applicant may withdraw the application at any time before the compensation order becomes final.
Ultimately, a victim of infliction of bodily injury can apply for a compensation order in writing or orally, and because it has the same effect as a civil action, it is an important system for recovering from the harm.
If necessary, it is advisable to apply after sufficiently preparing documentary evidence related to the infliction of bodily injury.
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