When you are notified that the offender has made a criminal deposit

• Check the deposit number, deposit office, amount and date of deposit on the notice.
• See whether a request for your views from the court or prosecutor came with it, and when the reply is due.
• Put a figure on your total losses and compare it with the deposit. List medical costs, losses from time off work, the value of property and emotional harm separately.
• Check when the next hearing or sentencing date is. Your views only matter if they are in before sentencing.
• Note the dates of any texts and calls in which the offender's side proposed a settlement before depositing.

Even without knowing the victim's personal details, the offender can make a deposit at the deposit office where the trial court is located, identifying the victim by the case number and similar details (Deposit Act (공탁법) Article 5-2). Because this can be done without the victim's consent, the fact that a deposit was made does not mean the victim has forgiven the offender.

If the defendant deposits money, the court must hear the victim's views before pronouncing judgment (Criminal Procedure Act (형사소송법) Article 294-6). Your views are obtained through a request sent via the prosecutor or the victim's lawyer, or in writing, by phone or by text, and they are used only in deciding the sentence, not as evidence that the crime was committed (Criminal Procedure Rules (형사소송규칙) Article 134-13).

If the deposit is far smaller than the harm, or was suddenly made just before sentencing, you can also say so in your written opinion to let the court know.

You need to decide whether to accept the deposit, decline it and make your refusal known, or consent to the offender withdrawing the money. In principle, an offender cannot withdraw a criminal deposit (형사공탁), but they can if the victim consents to withdrawal or notifies the deposit office that they refuse to accept it (Deposit Act Article 9-2(1)). Consenting to withdrawal or notifying refusal shows clearly that you want punishment, but it lets the offender take the money back, so you may lose the chance to receive it later.

If you want severe punishment but would still like to receive the money later, one option is not to notify the deposit office, and instead state in your written opinion to the court only that you will not accept it for now and that you want punishment. The right to collect a deposit expires 10 years after it can first be exercised (Article 9(3)).

If you accept the deposit without saying anything, you are treated as accepting it on the terms on which it was deposited, which can make it hard to dispute the rest of your damages. On the application to collect the deposit, write a reservation (이의유보) stating that you are accepting it as part of the damages. Even so, the money received may be deducted from civil damages later.

To collect it, you need a certificate confirming you are the named depositee, issued by the court or the Public Prosecution Service (Deposit Act Article 5-2(4)). Take the case number and deposit number and ask the relevant office how to get it issued.

If you have not yet decided whether to accept it, there is no need to rush. Give your current view in reply to the court's request, and decide separately about collecting the deposit after the judgment.

Set out specifically why you refused to settle, how the deposit compares with your actual losses, how your life has changed since the incident, and how and how often the offender contacted you. Attaching materials showing the harm, such as medical certificates, medical records or confirmation of leave from work, helps the court understand your situation.

As the victim's lawyer, Jisan Law writes and submits your written opinion on the deposit to the court, and once you decide whether to accept the deposit, handles the documents for the deposit office as well. If you need advice, take photos of the notice and the request for your views and contact us.