What to watch for when signing a settlement as the victim

• Check what offense the case is. For offenses not punishable against the victim's wishes, such as assault or threats, stating that you do not want punishment ends the case; for offenses such as fraud or bodily injury, it only affects the level of punishment.
• List your losses by item. Separate medical costs so far, future medical costs, losses from time off work, the value of property and compensation for emotional distress.
• Look at who you are settling with. If a lawyer contacted you, check whether the offender personally signs the agreement or whether there is a power of attorney.
• When you receive a draft agreement, do not sign it straight away; take a day or two to read it.

A settlement agreement (합의서) sets out the money and conditions; a statement of non-punishment (처벌불원서) tells the investigators or the court that you do not want the offender punished; and a withdrawal of complaint (고소취소서) withdraws a complaint you filed. If a settlement agreement contains the sentence "I do not want the offender punished," it can have the same effect as a statement of non-punishment, so look at the sentences, not the title.

Once you withdraw a complaint, or state for an offense not punishable against the victim's wishes that you do not want punishment, you cannot file again or ask for punishment again (Criminal Procedure Act (형사소송법) Article 232). If you hand over a document with this sentence before receiving all the money, there is no way back through the criminal process even if payments stop.

Conversely, if the agreement is only about receiving money and does not say you do not want punishment, state that clearly in the document. That way, there will be no differing interpretations of the wording later.

If you are paid in one go, the rule is to hand over the signed settlement agreement and statement of non-punishment only after confirming the payment has arrived. If you exchange them in person, confirm the bank transfer before handing over the documents.

If you agree to instalments, write into the agreement the amount and date of each instalment and a sentence that if any payment is late, the whole remaining balance becomes due immediately. Another option is to have a notary prepare a notarised deed containing consent to compulsory enforcement, so the remaining money can be enforced (Civil Execution Act (민사집행법) Article 56(iv)). It is safest to sign the statement of non-punishment after receiving the last payment; if you must sign it earlier because of the offender's timetable, decide knowing the risk.

If you sign a sentence saying "I will raise no civil or criminal objection whatsoever," it may become difficult to claim additional medical costs even if after-effects appear later. If your treatment is not finished, state what this settlement money covers and leave it on record that future medical costs will be settled separately.

You do not have to put the last digits of your resident registration number or your home address in the agreement. If a copy of your ID must be attached, cover the last digits, and if you are worried about your address being revealed, exchange documents through a lawyer.

Submit the settlement agreement and statement of non-punishment to the investigator in charge while the case is with the police, to the Public Prosecution Service (공소청) after referral, and to the court after indictment. The offender's side usually submits them, but the victim can also submit them directly. For offenses not punishable against the victim's wishes, the wish not to punish must be stated before the first-instance judgment is pronounced to end the case (Criminal Procedure Act Article 232(3)).

Sometimes the offender's side takes the documents and submits them late or not at all, so keep copies of what you signed and check that they were submitted.

Jisan Law acts for the victim in settlement negotiations with the offender's side. We identify the sentences in the draft agreement that need changing and rewrite them, and negotiate the order of payment and when to hand over the statement of non-punishment. Documents are exchanged through Jisan Law so your contact details and address do not reach the offender's side.