Victim Participation in Investigations and Protection Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Complaint or Report and Hiring a Lawyer
2. 2Questioning of the Victim
3. 3Personal Protection Measures
4. 4Applying for Progress Notices and Non-referral Notice
5. 5Notice of Disposition and Inspection of Investigation Records
6. 6Trial Notices and Inspection of the Trial Record
7. 7Victim's Statement of Opinion and Witness Protection

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies with the case (trial is separate)

Cost

The fee of a state-appointed attorney for victims is paid according to standards set by the Minister of Justice, and there is no rule that the victim bears it. Hiring a private lawyer costs money.

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   When you file a criminal complaint or report to 112, you take part in the investigation as the victim (complainant). In cases such as sexual violence, child abuse and stalking, you can apply for the appointment of a state-appointed attorney for victims (a lawyer whose fee is borne by the state); in other cases, you hire a private lawyer yourself.

2. 2

   The investigator calls in the victim, asks how the harm happened and prepares a record of statement. If your anxiety or fear is severe, you can apply to have a person in a relationship of trust (such as a family member or counselor) go in with you (Criminal Procedure Act §221), and a lawyer can go in with you and state opinions. Read the record before signing, and ask for any part written differently to be corrected.

3. 3

   If you are worried about retaliation, apply to the police for personal protection. If there is a risk that the victim's life or body will be harmed, the police must take the necessary personal protection measures ex officio or upon application (Investigation Rules §4-2(2)). Check with the police officer in charge what measures you can receive.

4. 4

   Notices such as whether an indictment has been brought, the date, time and place of the trial, the trial result, and the offender's detention or release are given only if you apply (Criminal Procedure Act §259-2), so apply in advance. If the police decide on non-referral, you are notified of the reasons within 7 days (§245-6), and the complainant can file an objection (§245-7) within 3 months from the day of receiving the notice. You can state that you refuse confrontation questioning with the offender (§221(1)).

5. 5

   You are notified of the result of whether the prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) indicted or did not indict (§258). You can request the reasons for non-indictment in writing (§259), and you can apply to inspect and copy investigation records such as your own record of statement.

6. 6

   If the case is indicted, upon application you can be notified of the date, time and place of the trial, the trial result and the defendant's detention or release (§259-2), and you can apply to inspect and copy the trial record (§294-4).

7. 7

   The victim can state directly in court an opinion on the extent of the harm and on punishment (§294-2). When testifying as a witness, you are protected by a closed hearing (§294-3), a screen (barrier), testimony by video link (§165-2) and the presence of a person in a relationship of trust (§163-2).

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhat should I bring when I go to be questioned as a victim?

Bring your ID and a memo setting out how the harm happened by date, place and number of times. Also bring copies of evidence such as photos, medical certificates, screenshots of messages and recordings, and receipts for medical costs. For recording files or a phone, submit copies and keep the originals yourself.

QHow do I apply for a state-appointed attorney for victims, and how much does it cost?

In cases set out in the law, if you submit an application to the police or the Public Prosecution Office, the prosecutor can appoint a state-appointed attorney for the victim. Covered cases include sexual violence, sex crimes against children and youth, child abuse, stalking, abuse of persons with disabilities and human trafficking. The application is made to the prosecutor or judicial police officer orally or in writing.The attorney's fee is paid according to standards set by the Minister of Justice, and there is no rule that the victim bears it. In some cases the prosecutor must appoint one.This applies to victims of sexual violence under 19 and child victims of child abuse. For cases that are not covered, ask the Korea Legal Aid Corporation whether you are eligible for its legal aid.

QCan I be questioned without running into the offender?

Yes, it is possible. A victim's appearance and statement are not compulsory, so you can refuse confrontation questioning.Ask the investigator in charge whether the questioning schedule or place can be separated from the offender's. The questioning of sexual violence victims who are under 19 or have a disability is video-recorded and preserved.

QCan I get a copy of my record of statement?

Yes, you can. You can apply to inspect and copy the record of your own statement. During the investigation, you can apply only for the parts containing your statements and the documents you submitted.For cases that ended with non-referral or non-indictment, you can apply to inspect and copy all or part of the record. After indictment, apply to the court to inspect and copy the trial record (looking at and copying the record).

QCan I find out the offender's name and address?

The investigative agency may refuse to allow inspection and copying of the record if there is a risk of infringing the personal information of persons concerned. If you want to file a damages lawsuit, you can apply to the court to inspect and copy the trial record after indictment.Alternatively, apply to the civil court for a fact inquiry or a request to send documents (procedures for requesting materials through the court) to check. A compensation order is applied for at the court where the criminal trial is in progress.

QWhere can I get counseling or support for medical and living costs?

If someone died or suffered a disability or serious injury as a result of a crime, you can apply for crime victim relief money. The application is filed with the District Deliberation Council with jurisdiction over your address or residence or the place where the crime occurred.For counseling and support for medical costs, living costs and psychological treatment, contact a crime victim support organization. Check the items and limits of support with the organization you apply to.