[2020 National Audit] Record Increase in Compensation Order Applications... "Expansion Should Be Considered"

[Asia Economy Reporter Bae Kyunghwan] The number of compensation order applications reached an all-time high last year. The compensation order system is a trial in criminal proceedings where the court directly orders the defendant to compensate the victim for swift relief of the victim's rights.

On the 7th, Assemblyman So Byeongcheol (Democratic Party, Suncheon-Gwangyang-Gokseong-Gurye Gap) of the National Assembly's Legislation and Judiciary Committee analyzed data on the 'Status of Compensation Order Applications and Processing over 10 Years' submitted by the Supreme Court. The number of applications, which was only 4,342 in 2010, increased 3.4 times to 14,873 in 2019. This is an increase of 5,047 cases compared to 9,826 in 2018, marking the largest year-on-year increase ever recorded.

The compensation order system was introduced in 1981 under the 'Special Act on Promotion of Litigation, etc.' to protect victims' rights, but it was not actively utilized, only exceeding 6,000 cases for the first time in 2007, 26 years later.

The reasons cited include ▲ the application target being limited to certain crimes under the Criminal Act ▲ the scope of compensation being limited to direct material damage, medical expenses, or agreed compensation amounts ▲ the recognition of civil damage claims within criminal procedures, which causes difficulties in calculating compensation amounts and delays in trial procedures, leading to psychological burdens on the judiciary.

This is also why there are ongoing opinions to expand the types of crimes eligible for compensation orders and to broaden the scope of compensation. Assemblyman So stated, "From the perspective of swift relief of victims' rights, the compensation order system needs to be continuously expanded in the future," adding, "Especially in cases of retrials due to illegal acts by the state, victims or bereaved families must prove their civil damage claims again in court. Therefore, we should consider ways to prioritize expanding compensation orders at least for retrial cases."

This content was produced with the assistance of AI translation services.