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Kim & Rhee law Office

Victim Representation

Criminal Defense Team Support

Criminal Complaint Representation | Victim Advocacy & Support

Why should a crime victim retain an attorney?

An attorney analyzes the criminal conduct more thoroughly

to help ensure that the offense is properly addressed and prosecuted.

Additional evidence that may be overlooked by investigative authorities can be identified and submitted

so that important facts are not missed during the investigation.

An attorney conducts effective settlement negotiations

to help the victim achieve meaningful recovery from the harm suffered.

By communicating directly with the offender on the victim’s behalf,

an attorney can help prevent secondary victimization and unnecessary contact.

1

What is criminal complaint representation for victims?

Article 223 of the Criminal Procedure Act (persons entitled to file a complaint)A victim of a crime may file a criminal complaint.

Article 236 of the Criminal Procedure Act (complaint by representative)A criminal complaint or its withdrawal may be made through a representative. A victim’s criminal complaint representative is an attorney who supports crime victims.

Criminal defense attorneys may act as criminal complaint representatives under the Criminal Procedure Act.

We organize the facts of victimization in accordance with criminal procedure and assist clients through every stage, including filing the criminal complaint, attending interviews, submitting legal opinions, responding during the investigation, and negotiating settlement amounts.

2

Difference between a victim’s complaint representative and an offender’s defense counsel

In criminal cases, the offender and the victim have different interests, so the perspective and legal response must also differ.

A victim’s complaint representative organizes the facts from the victim’s perspective and helps ensure that the criminal offense and harm suffered by the victim are properly reflected in the investigation and judgment.

Differences in the attorney’s role

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CategoryVictim’s attorney / criminal complaint representativeOffender’s attorney / defense counsel
Client
  • Crime victim
  • Suspect before formal registration, criminal suspect after registration, or defendant after indictment
Primary role
  • Protection of the victim’s rights and representation in filing a criminal complaint against the offender
  • Protection of the suspect’s or defendant’s right to defense
Approach to the case
  • Assessment of whether criminal victimization occurred
  • Requesting investigative authorities to pursue the investigation
  • Securing evidence favorable to the victim
  • Assessment of whether the alleged offense is legally established
  • Limiting the scope of legal liability
  • Challenging evidence submitted by the victim
Investigation stage
  • Drafting and filing a criminal complaint
  • Submission of legal opinions on behalf of the victim
  • Attending victim or witness interviews with the client
  • Submission of defense counsel opinions
  • Attending suspect interviews with the client
  • Response to search and seizure procedures
Trial stage
  • Submission of petitions requesting appropriate punishment
  • Attending witness examinations with the client
  • Recovery of financial losses through compensation orders and related procedures
  • Asserting innocence and other defenses
  • Sentencing advocacy seeking fines or suspended sentences
  • Assistance during defendant examination
Settlement process
  • Determining whether to pursue settlement
  • Negotiating a higher settlement amount
  • Evaluating civil litigation if settlement fails
  • Determining whether settlement is necessary
  • Negotiating a reduction in the settlement amount
  • Developing sentencing strategies if settlement negotiations fail
3

What is the role of a complaint representative by case type?

Legal support from an attorney as a criminal complaint representative must be tailored to each client’s case.

A reliable complaint representative identifies the key issues in each case and responds with the appropriate legal strategy.

Criminal complaint representation by case type

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CategoryKey issuesSupport from the complaint representative
Sex crimes
  • Consistency of the victim’s statements
  • Circumstances before and after the incident and communication records
  • Whether a settlement has been reached
  • Disputes regarding video, photographs, and other evidence
  • Organizing the facts and timeline of the incident
  • Reviewing messages, call records, and related materials
  • Securing evidence supporting the victim’s claims
  • Responding to the offender’s denial of the allegations
Property crimes
  • Whether fraud, breach of trust, embezzlement, or similar conduct occurred
  • Terms of the contract or agreement
  • Flow of funds and whether repayment was made
  • Organizing how the financial loss occurred
  • Analyzing bank transfers and financial transactions related to the loss
  • Reviewing contracts, messages, and other evidence
  • Developing strategies to recover financial losses
Violent crimes (assault and bodily injury)
  • Severity of the assault
  • Causation between the assault and bodily injury
  • Circumstances of the incident
  • Reviewing CCTV footage, photographs, videos, and other evidence
  • Proving bodily injury through medical records and reports
  • Securing supporting evidence such as witness statements
Threats and stalking offenses
  • Whether repeated contact or approaches occurred
  • Severity of fear caused to the victim
  • Whether the victim consented
  • Organizing stalking-related communication records
  • Collecting evidence demonstrating repeated conduct
  • Proving the victim’s fear and emotional distress
  • Protective measures to prevent secondary victimization
Defamation and insult
  • Content of the statements and whether they were false
  • Identifiability of the victim
  • Extent of dissemination and resulting harm
  • Preserving evidence of defamation and insult (original posts, URLs, screenshots)
  • Proving identifiability
  • Demonstrating actual harm suffered by the victim
Digital and online crimes
  • How harmful content was distributed
  • Characteristics of the platform or online community
  • Identification of the offender
  • Preserving online evidence
  • Requesting investigative authorities to pursue the investigation
  • Demonstrating how harm occurred on specific platforms or communities
  • Securing digital evidence
Workplace harassment and sexual harassment
  • Evidence of workplace harassment or sexual harassment
  • Whether a power imbalance existed
  • Consistency of the victim’s statements
  • Organizing evidence from messaging platforms, emails, and other records
  • Proving workplace-related harm
  • Responding to secondary victimization in the workplace
Traffic-related crimes
  • Circumstances of the accident
  • Whether negligence existed
  • Extent of the victim’s injuries and damages
  • Analyzing dashcam footage and CCTV recordings
  • Demonstrating the victim’s lack of fault
  • Calculating settlement amounts using medical records and income documentation
Occupational crimes (corporate victim cases)
  • Whether unlawful conduct occurred in connection with job duties
  • Scope of decision-making authority
  • Financial losses suffered by the company
  • Organizing the business relationship and circumstances of the loss
  • Analyzing financial records, transaction histories, ERP data, and related materials
  • Reviewing applicable criminal charges
  • Implementing measures to recover corporate losses

Crime victims can also receive legal support from attorneysand
strong protection under the law.

Experienced criminal attorneys stand beside you
throughout the process of recovering from crime victimization.

Victim complaint support
4

Support from a complaint representative in settlement matters

A poorly handled settlement cannot easily be undone.

Settlement should be considered carefully based on the circumstances of the case, the extent of harm, and whether the offender acknowledges responsibility.

The key to the settlement process is ensuring meaningful recovery from crime victimization.

(1) Review of whether to proceed with settlement

Settlement is not necessary in every case. It is important to determine whether settlement is appropriate by considering the nature of the case, the extent of harm, and the offender’s attitude. A victim’s complaint representative recommends settlement only when it serves the victim’s interests.

(2) Negotiation for a higher settlement amount

There is no fixed legal standard for settlement amounts. The case type, extent of harm, treatment period, emotional distress, and circumstances of the incident must be considered together. A key role of the victim’s complaint representative is to negotiate a higher settlement amount. The goal is to secure an amount that meaningfully compensates the victim based on the specific circumstances of each case.

(3) Response to settlement terms and negotiation process

  • Settlement is pursued with not only the settlement amount but also conditions necessary for the victim.
  • Scope of the offender’s acknowledgment of responsibility
  • Apology and prevention of recurrence
  • Possibility of additional disputes after settlement
  • Timing and method of payment
  • Key points to consider when drafting and submitting the settlement agreement

(4) Review of related victim recovery procedures

Depending on the case, the following recovery procedures may also be reviewed in addition to settlement.

  • Criminal mediation procedures
  • Claims for damages and emotional distress compensation
  • Recovery of financial losses through civil execution
  • A victim’s complaint representative supports the process of achieving meaningful recovery while considering the progress of the case.
5

Step-by-step process for victim criminal complaint representation

Step 1: Review of complaint viability and applicable charges

  • We analyze whether the harm suffered is subject to criminal punishment, whether the matter may remain a civil dispute, and which criminal charges should be asserted.
  • Before filing a criminal complaint, we also review whether there are ways to recover the victim’s losses.

Step 2: Drafting and filing the criminal complaint

  • We organize the circumstances of the incident, physical evidence, circumstantial evidence, and witness statements so investigative authorities can understand the case quickly.
  • We identify the key evidence and supplement any missing evidence when necessary.
  • We draft and file a criminal complaint that clearly presents the facts and legal grounds to investigative authorities.

Step 3: Support during interviews and statements

  • Before the victim interview, we prepare expected questions and key statement points.
  • During the interview process, we help maintain the credibility and consistency of the victim’s statements.

Step 4: Submission of legal opinions and follow-up response

  • During the investigation, we submit additional materials and refute the offender’s arguments.
  • We continue follow-up responses, including written submissions regarding the extent of harm and the victim’s position on punishment.

Step 5: Recovery from crime victimization and case closure

  • If the victim wishes to settle with the offender, we represent the victim in settlement negotiations.
  • If the offender refuses settlement, we proceed with follow-up measures such as civil litigation.
  • We take protective measures to prevent additional harm to the victim.

As experienced criminal attorneys,
we understand your concerns better than anyone.

Kim & Rhee Law Office

"We will never make false promises to secure your engagement."

"We will never use fear or pressure to persuade you to hire us."

"We will never treat your case carelessly after engagement."

"We will never delay communication after accepting your case."

There has only ever been one way to resolve countless criminal cases.

— Professionalism and trust as attorneys —

We will devote every skill, experience, and resource we have built over the years to resolving your case.

We will stand beside you until you have fully recovered from the harm you suffered.

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