Being a Crime Victim in Korea

Presented by K LAW OFFICE

Victims Have Rights in the Korean Criminal Process

Korean law gives crime victims a number of participation, notice, protection, and support rights, but the exact right depends on the offence, the victim's procedural status, and the stage of the case. Foreign victims can use core criminal procedures, while interpretation, state relief, and special victim-counsel schemes each have their own requirements.

Immediate Steps After a Crime

Report to the police: File a report (신고) as soon as possible. You can report at any police station or call 112. Prompt reporting preserves evidence and initiates the official process.
Seek medical attention: If you have been physically harmed, obtain a medical examination and keep the documentation. Medical records serve as important evidence.
Preserve evidence: Keep all records, photographs, messages, and any items relevant to the incident. Do not delete communications with the perpetrator.
Request language assistance: If you cannot communicate adequately in Korean, state this immediately and request an interpreter before giving a formal statement.

Filing a Criminal Complaint

If you wish to make a formal request for investigation and prosecution, you may file a criminal complaint (고소) if you have legal standing to do so. Complainant status can affect notice and review procedures, but a complaint does not guarantee prosecution or a particular outcome. See our guide on Filing a Criminal Complaint in Korea for more detail.

You may also refer to:

Your Rights During the Investigation

Eligible victims or complainants may request or receive notice of specified progress and outcomes.
A victim may submit evidence and opinions; whether a requested investigative step is taken remains an investigative decision.
When a victim faces marked anxiety or tension, the victim may apply to have a trusted person present during questioning under the statutory conditions. An attorney can fall within that category, while separate victim-counsel rules apply to offences such as sexual violence and child abuse.
Review rights depend on whether the person is a victim, complainant, or accuser and on whether the decision is a police non-referral or a prosecutorial non-prosecution decision.
Victims may have rights to state an opinion or observe proceedings in circumstances defined by law.

If the case is closed: An eligible person may object to a police non-referral decision. A complainant or accuser may appeal a prosecutor's non-prosecution decision to the competent higher prosecutors' office, and an eligible complainant may seek court review after the required steps. Standing and short deadlines must be checked for the particular notice.

Scheduled institutional change: The Prosecutors' Office Act is scheduled to be repealed when the Public Prosecution Service Act takes effect on October 2, 2026. For filings, notices, or review steps taken on or after that date—including matters that began earlier—confirm the applicable institution names, deadlines, and transitional rules.

Compensation and Civil Claims

Criminal court compensation order (배상명령): In first- or second-instance proceedings for offences listed by statute, a victim may apply for specified direct property loss, treatment expenses, and consolation damages. Claims outside that statutory scope may require a separate civil case.
Separate civil claim: If the criminal process does not result in adequate compensation, a separate civil lawsuit for damages can be filed.
State relief payment (범죄피해자구조금): The Crime Victim Protection Act provides relief for death, disability, or serious injury caused by a crime against life or body, subject to statutory requirements. If the victim or bereaved family member is a foreign national, the Act applies only if (1) the relevant country provides reciprocal protection, or (2) at the time of the crime the foreign national was the spouse of a Korean national or was raising a child born of a marital or de facto marital relationship with a Korean national, and also held permanent-resident status or another qualifying long-term stay status.

How an Attorney Can Help

An attorney representing a victim can prepare and file a complaint, organize and submit evidence, monitor the case, pursue any review remedy available to the client, and seek compensation where appropriate. Participation in an investigative interview depends on the victim's procedural status, the applicable special victim-counsel scheme, or permission to attend as a trusted person.

Official sources

This guide references the following official sources. Rights and remedies vary by offence, procedural status, nationality-related eligibility rules, and the notice received.