What to do right away
- Get treatment first. Do not throw away medical certificates, medical bills or hospital admission confirmations; keep them together.
- Ask the investigator in charge for information about victim support. The state must inform victims about relief payments and support organisations during investigations and trials (Crime Victim Protection Act (범죄피해자 보호법) Article 8-2).
- If you are struggling emotionally, contact a Smile Center (스마일센터), a state-run centre providing psychological care for victims of violent crime, or a Crime Victim Support Center (범죄피해자지원센터) and ask for counselling.
- If you have received money from the offender or insurance payouts, note the amounts and dates. These are deducted when relief is decided.
- If you feel unsafe because your home address has been exposed, ask the police in charge whether you can get personal protection.
Who can receive relief?
It covers people who died or suffered a disability or serious injury from a crime against life or body and were not compensated for all or part of the harm, and people harmed because they gave statements or submitted materials in an investigation or trial (Crime Victim Protection Act Article 16). Harm caused by negligence is excluded, so ordinary traffic accidents are not covered (Article 3(1)(iv)).
A serious injury means one of the following that takes 2 months or more to treat: damage to major organs, amputation or serious deformation of part of the body, a similar injury requiring hospital admission of 1 week or more, or a serious mental illness requiring admission of 3 days or more (Enforcement Decree of the same Act, Article 3). Relief is divided into relief for bereaved families, disability relief and serious injury relief (Article 17).
Deadlines and procedure
Apply to the Crime Victim Relief Committee (범죄피해구조심의회) of the District Public Prosecution Office with jurisdiction over your address, place of residence or the place where the crime occurred (Articles 24 and 25(1)). You cannot apply once 3 years have passed since you learned of the harm or 10 years since it occurred (Article 25(2)).
If the decision may be delayed because the degree of disability or serious injury is not yet clear, you can first apply for emergency relief (Article 28). If your application is rejected or only partly granted, you can apply for a review within 2 weeks of receiving the original decision (Article 27).
When relief is reduced or not paid
If at the time of the crime the offender was your spouse, a lineal blood relative, a relative within the fourth degree or a relative living with you, relief is in principle not paid (Article 19(1)). If the victim provoked the crime or made the harm worse, all or part of it may not be paid.
If you received damages from the offender, that amount is deducted (Article 21(1)), and if you can receive state compensation or benefits under other laws, relief is not paid to that extent (Article 20). The state takes over the claim for damages against the offender up to the amount of relief it paid (Article 21(2)).
Medical, psychological and legal support
The state and local governments must put in place measures such as counselling, medical care including help with medical costs, legal aid and housing support (Article 7). Medical costs and emergency living expenses are often applied for through a Crime Victim Support Center, and victims of violent crime and their families can receive psychological assessment and treatment at a Smile Center.
Legal advice is available from the Korea Legal Aid Corporation (대한법률구조공단, call 132 without an area code). Victims of sexual violence can appoint a lawyer, and if they do not have one, the prosecutor can appoint a state-appointed victim's lawyer (Act on Special Cases Concerning the Punishment of Sexual Crimes (성폭력범죄의 처벌 등에 관한 특례법) Article 27). If the offender has been indicted, also look into applying for a compensation order (배상명령) in the criminal trial.
How Jisan Law helps
As the victim's lawyer, Jisan Law writes the criminal complaint, goes with you to the complainant interview and submits a victim's written opinion at trial. We also handle compensation order applications, civil claims and settlement negotiations with the offender's side, and at the consultation we decide with you which routes to use, including crime victim relief, and in what order.
Not sure how to handle this on your own?
Tell us in the chat what is happening. Our staff replies first and passes your case to the lawyer in charge, who will tell you the next step.
Frequently asked questions
Can I receive relief even if the offender is unknown or has not been caught?
Relief is paid when the harm has not been compensated, so cases where you cannot get compensation because the offender is unknown can also qualify. The deadline runs regardless of whether the offender is caught, so do not let more than 3 years pass from when you learned of the harm.
Can I sue the offender in a civil court after receiving relief?
Yes, but the claim for damages up to the amount of relief paid by the state passes to the state (Crime Victim Protection Act Article 21(2)). The victim can claim the remaining losses directly.
Read next
- When you have been harmed and want to file a criminal complaint →
- When you are accused of fraud for not repaying a loan →
- Checking progress and viewing records after filing a complaint →
- How to apply for a compensation order in a criminal trial →
- When you are notified that the offender has made a criminal deposit →
- What to watch for when signing a settlement as the victim →
- When the police ask you to appear for questioning →
- After police questioning: waiting for the outcome →
- When your home or office is searched →
- How much should a settlement be? →
- I want to postpone my questioning date →
- Reviewing and correcting the interrogation record, and refusing to sign →
- Applying to have a lawyer present at questioning →
- The police want me to come in as a witness →
- Attending phone forensics and the data selection process →
- I received a notice of a travel ban →
- After the case goes to the Public Prosecution Service (supplementary investigation requests after referral) →
- The police did not refer my case, but the complainant objected →
- A foreign national has become a suspect →
- When a family member is arrested →
- If you were arrested in the act or under an emergency arrest →
- Preparing for the day of the pre-detention hearing →
- Visiting a detained family member and what the family should do →
- Review of detention and bail →
- When you receive an indictment →
- When you receive a summary order imposing a fine →
- Court-appointed or privately hired lawyer: what is the difference? →
- Preparing your views on evidence and your witnesses before the first hearing →
- How to prepare a letter of remorse, petitions and sentencing materials →
- Considering an appeal after the first-instance judgment →
- When a suspended sentence comes with probation, community service or a mandatory course →
- When you cannot afford to pay a fine →
- How long does a criminal record last? →
- When a public official, teacher or soldier is caught up in a criminal case →
- When you are caught drink-driving →
- When you are reported for assault →
- I've been accused of insult over something I said in a group chat →
- I want to file a counter-complaint for false accusation →
- I got into a physical struggle with a police officer →
- I've been accused of defamation over a review I posted →
- Can I use a secret recording as evidence? →
- When you are reported for stalking →
- When the police came because of domestic violence →
- When the police contact you after you left an accident scene →
- When you are reported for child abuse →
- When you are reported for road rage →
- When the police contact you as a voice phishing cash courier →
- When your company says it will file an embezzlement complaint →
- When you are accused of fraud over a second-hand sale →
- When your account is frozen after lending it to someone →
- When the police contact you about theft from an unstaffed shop or supermarket →