Simple & Easy Law Info

Simple & Easy Law Info

Victims of Domestic Violence

Domestic Violence is a Crime Order to Compensate the Victim Victims of Domestic Violence ③ www.easylaw.go.kr



Do I have to file a separate civil suit to charge the domestic violence offender for treatment expenses?



See Article 26(8) of the Act on Special Cases Concerning Expedition of Legal Proceedings Try applying for a compensation order! A domestic violence victim can receive compensation for treatment costs, support payments, etc. from the offender through a compensation order without filing a separate civil suit.



Article 56(1) and 57(3) of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence; Article 25(3) of the Act on Special Cases Concerning Expedition of Legal Proceedings Application for Compensation Orders A compensation order may be applied for where none of the following applies, and the application must be made at the court hearing the home protection case. The victim’s name or address is unclear The existence or scope of the defendant’s compensation liability is unclear There is concern that the compensation order may manifestly delay the court proceedings, or it is deemed unreasonable to issue a compensation order as part of the criminal proceedings



Article 57(1) of the Act on Special Cases Concerning th Punishment of Crimes of Domestic Violence Compensation Orders The court may order payment or compensation as below. The payment of amounts necessary for the support of the victim or family members or Compensation for direct physical damage and treatment expenses arising from the home protection case



Article 58(1) and (2) of the Act on Special Cases Cncerning the Punishment of Crimes of Domestic Violence Issuance of Compensation Orders The compensation order is issued simultaneously with the protective order decision. Protective Order Decision Order xx xxxxxxxxx xxx xx xxxxx xx. Subject of compensation: xxx Compensation amount: xxx Reason for the compensation order: xxx The compensation order is made along with the protective order.



Article 61 of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence Effect of Compensation Orders The original copy of the protective order decision containing the final compensation order or a provisionally executed compensation order has the same effect as the original copy of a civil judgment for the purpose of compulsory enforcement under the Civil Execution Act. Once the compensation order is final, the victim may not apply for compensation for damages under other proceedings to the extent of the amount of the ordered compensation.



For detailed legal information, please refer to “Victims of Domestic Violence” on easylaw.go.kr.



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