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Part VII-III Participation in Proceedings by the Victim
Article 455-38
After the initiation of public prosecution by the public prosecutor and before the conclusion of the oral argument at the court of the second instance, a victim of one of the offenses listed below may petition to the court that has jurisdiction to participate in the proceedings of the case concerned:
(1) The offenses of causing death or aggravated injury by committing criminal acts intentionally or negligently;
(2) The offenses as provided in Article 231, Article 231-1, Article 232, Article 233, Article 240, Article 241, Article 242, Article 243, Paragraphs 1 or 2 of Article 271, Article 272, Article 273, Paragraphs 1 to 3 of Article 275, Paragraphs 1 or 3 of Article 278, Article 280, Paragraphs 1 or 2 of Article 286, Article 291, Article 296, Article 296-1, Article 297, Article 298, Article 299, Article 300, Paragraphs 1, 2 or 4 of Article 328, Article 329, Article 330, Paragraph 1, Subparagraphs 1, 3, or 4, Paragraph 2 of Article 332, Paragraphs 1 or 2 of Article 333, Paragraph 1, Subparagraphs 1, 3, or 4, Paragraph 2 of Article 334, Paragraphs 1 or 3 of Article 347, Paragraph 1 or Subparagraph 2, Paragraph 2 of Article 348 of the Criminal Code;
(3) The offenses provided in Paragraph 1 of Article 2 of the Sexual Assault Crime Prevention Act;
(4) The offenses provided in Articles 31 to 34 or Article 36 of the Human Trafficking Prevention Act; or
(5) The offenses provided in Articles 32 to 35, Paragraphs 1 to 5 of Article 36, or Paragraph 1 of Article 37 of the Child and Youth Sexual Exploitation Prevention Act.
Where the victim of the offenses listed in the preceding paragraph is without legal capacity, of limited legal capacity, deceased, or for other legitimate reasons that the victim cannot make the petition, the petition may be made by the statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, relative by marriage within the second degree of kinship, family head or family member of the said victim. But where the accused is the only person with one of the identities listed above, and there is no other person with the identities listed above to make the petition, the petition may be made by the municipal government, the county (city) government, or the Association for Victims Support where the said victim’s household registration is established. Where the location of the said victim’s household registration is unknown, the petition may be made by the municipal government, the county (city) government, or the Association for Victims Support where the said victim’s domicile or residence is.
Article 455-39
A petition for participating in the proceedings shall be made by submitting a written petition to the respective court of instance.
The written petition for participating in the proceedings shall state the following matters:
(1) The case summary;
(2) Name, gender, date of birth, identification number, or other characteristics that are sufficient to identify the accused;
(3) Where the petitioner is not a victim, his/her relationship with the victim;
(4) The intention to participate and the reasons for the participation in the proceedings of the case concerned.
Article 455-40
The court shall, by a ruling, overrule the petition made in accordance with the preceding article where the court is of the opinion that the petition does not comply with statutory procedures or not allowed by the law. Where the defect in complying with statutory procedures is amendable, the court shall order an amendment to be made within a prescribed period of time before overruling the petition.
The court shall, by a ruling, approve the petition for participating in the proceedings where the court is of the opinion that the petition is appropriate, after consulting the opinions expressed by the prosecutor, the accused, the defense attorney and the assistant, and after taking into account the circumstances of the case, the petitioner’s relationship with the accused, the progress of the case proceedings, and the interests of the petitioner. Where the court is of the opinion that the petition is not appropriate, the court shall overrule the petition by a ruling.
Where the court finds the approval of participation in the proceedings should not have been granted after making a ruling to approve the participation, the court shall revoke the original ruling.
An interlocutory appeal may not be made against a ruling in accordance with the preceding three paragraphs.
Article 455-41
A participant in the proceedings may retain an agent at any time.
Provisions of Articles 28 to 30 and Article 32 shall apply mutatis mutandis to an agent retained by the participant in the proceedings; provisions of Subparagraphs 3 to 6, Paragraph 1, and Paragraphs 2 to 4 of Article 31 shall apply mutatis mutandis to a participant in the proceedings who does not retain an agent.
Article 455-42
An agent may inspect the case files and exhibits, and may transcribe, reproduce or take photographs of them during the trial stage. Where the agent so retained is not a qualified attorney, the said agent may not inspect, transcribe, reproduce, or take photographs of the case files and exhibits during the trial stage.
A participant in the proceedings who does not retain an agent or the agent retained is not a qualified attorney may request to receive copies of the case files and exhibits during the trial stage upon posting a deposit for the necessary fees in advance. Where the contents of the case files and exhibits are not relevant to the facts which the accused is charged with, or would hinder the investigation of another case, or involve the privacy or business secret of the parties or a third party, the request may be restricted by the court.
An interlocutory appeal may be made against restrictions imposed in accordance with the proviso of the preceding paragraph.
Article 455-43
Participants in the proceedings, and their agents shall be notified of the dates of the preliminary proceeding. But the preceding provision shall not apply to circumstances where the above people fail to appear before the court without justifiable causes or have expressed their unwillingness to appear before the court after a service of a notification in accordance with the law.
The court shall allow the participants in the proceedings and their agents opportunities to express their opinions on matters specified in subparagraphs of Paragraph 1 of Article 273.
Article 455-44
Participants in the proceedings, and their agents shall be notified of the trial dates. The preceding provision shall not apply to circumstances where the said participants in the proceedings or their agents fail to appear before the court without justifiable causes or have expressed their unwillingness to appear before the court after s service of a notification in accordance with the law.
Article 455-45
Where there are multiple participants in the proceedings, they may elect among themselves one or more persons to represent all or a part of the participants concerned to participate in the proceedings.
Where representatives were not elected in accordance with the provision of the preceding paragraph, the court, when necessary, may order the participants to elect their representatives within a designated period of time. Where representatives were not elected within the said period of time, the court may sua sponte appoint the representatives.
The agent retained or appointed in accordance with the preceding two paragraphs may be replaced, removed or joined by others.
The rights in relation to participation in the proceedings provided for in this part may be exercised by retained or appointed agents.
Article 455-46
Once a piece of evidence is completely examined, the presiding judge shall provide the participants in the proceedings and their agents with an opportunity to express their opinions.
The court shall provide the participants in the proceedings and their agents with appropriate opportunities to debate on the probative value of evidence.
Article 455-47
Before proceeding to the sentencing procedure as provided in Article 289, the presiding judge shall provide the participants in the proceedings, their agents, and persons who accompany the participants in the proceedings with opportunities to state their opinions regarding the possible range of sentencing.