Settling a Sexual Offense Case in Korea: What Victims Should Check Before Agreeing
This article explains how settlement amounts are determined in sexual offense cases in Korea, what to review in a settlement agreement and a Statement of Non-Punishment, and whether a victim may decline a settlement offer.
Attorney in Charge | Hong Pureun
Is a victim required to agree to a settlement?
No. A victim of a sexual offense is not legally required to accept a settlement offer from the suspect or defendant.
Even when the other party apologizes or offers compensation, the victim may decline the proposal. The victim may also request different terms if the proposed settlement does not adequately reflect the harm suffered.
A victim does not have to respond immediately simply because a settlement request was made. Nor is the victim required to decide within a deadline unilaterally set by the other party.
In particular, discussing the incident shortly after it occurred can be emotionally difficult. Direct calls or meetings with the accused may also create pressure and lead the victim to accept terms without sufficient review.
The decision should therefore be made after considering the status of the criminal case, the extent of the harm, the attitude of the accused, and the specific settlement terms being offered.
Does a settlement end the criminal case?
Not necessarily. Reaching a private settlement does not automatically terminate a criminal investigation or trial in Korea.
Under the Korean Sentencing Commission’s sentencing guidelines for sexual offenses, a victim’s expressed wish not to pursue punishment may constitute a special mitigating factor, while substantial recovery of damages may constitute a general mitigating factor, depending on the type of offense. Similar considerations appear in the sentencing guidelines for digital sexual offenses.
However, a settlement or Statement of Non-Punishment does not automatically determine the outcome of the case or the sentence.
Investigative authorities and courts may consider a range of circumstances, including the nature and seriousness of the offense, whether the conduct was repeated, the extent of the harm, the accused’s conduct after the offense, and the degree of actual recovery provided to the victim.
Before signing any document, the victim should understand how the settlement agreement and the Statement of Non-Punishment may affect the criminal proceedings against the accused.
How is a settlement amount determined?
Korean law does not prescribe a fixed settlement amount for sexual offense cases.
Even where the same criminal charge applies, the appropriate amount may differ depending on the conduct involved and the harm suffered by the victim.
Relevant considerations may include:
▪️ The nature and seriousness of the offense
▪️ Whether the conduct occurred repeatedly
▪️ The physical and psychological harm suffered by the victim
▪️ Medical expenses, counseling fees, and other actual costs
▪️ Disruption to employment, education, or family relationships
▪️ The accused’s apology and efforts to repair the harm
▪️ Continued contact, intimidation, or other forms of secondary harm
In cases involving unlawful filming or the distribution of intimate images, additional considerations may include how widely the material was shared, whether it has been deleted, and whether further distribution remains possible.
A victim should therefore avoid relying solely on settlement figures found in other cases online. The assessment should also take into account the victim’s individual circumstances and the legal rights that may be waived under the proposed agreement.
The wording of the settlement agreement may be as important as the amount
A settlement in a sexual offense case should be reviewed not only for the amount offered but also for the conditions contained in the agreement.
A settlement agreement commonly addresses:
▪️ The settlement amount and payment method
▪️ The payment deadline
▪️ Whether the victim will express a wish not to pursue punishment
▪️ Whether the victim will waive a future civil damages claim
▪️ Restrictions on future contact or access
▪️ Confidentiality obligations
▪️ Consequences of non-payment or other breaches
Particular care is required when the agreement contains broad language such as:
“The victim will not raise any further civil or criminal claims or objections in connection with this matter.”
Depending on its wording and scope, this provision may affect not only the victim’s position in the criminal case but also the ability to pursue a later civil claim for damages.
Further dissemination of intimate material or other previously unknown harm may be discovered after the settlement is signed. The agreement should therefore clearly state whether it covers only the harm currently known or also extends to future or additional harm.
Are a settlement agreement and a Statement of Non-Punishment the same document?
They are related, but they serve different purposes.
A settlement agreement records the compensation amount, payment terms, and the parties’ future legal rights and obligations.
A Statement of Non-Punishment—commonly referred to in Korean as a cheobeol bulwonseo (처벌불원서)—communicates to the police, prosecution, or court that the victim does not wish the accused to be punished.
The settlement terms and the non-punishment statement may be included in a single document or prepared separately.
A victim may also agree on financial compensation while reserving a separate position regarding punishment. The appropriate structure will depend on the circumstances of the case and the terms agreed by the parties.
Receiving compensation does not, by itself, automatically mean that the victim has agreed not to seek punishment. The documents should clearly state exactly what the victim has agreed to and which rights, if any, are being waived.
Should a Statement of Non-Punishment be submitted before payment is received?
The accused or their representative may ask the victim to submit the Statement of Non-Punishment first, promising to transfer the settlement amount afterward.
This arrangement may expose the victim to unnecessary risk. Once the statement has been submitted, the accused may delay payment or fail to pay the agreed amount, leaving the victim to pursue payment separately.
Unless there is a specific reason to proceed otherwise, it is generally safer to arrange for payment and delivery of the relevant documents to occur simultaneously.
Where the settlement amount will be paid in installments, the agreement should specify:
▪️ Each payment date and amount
▪️ The bank account and payment method
▪️ The consequences of late payment
▪️ Whether the full remaining balance becomes immediately due after a missed payment
▪️ The date or stage at which the Statement of Non-Punishment will be submitted
Payment terms should be recorded in writing rather than left as a verbal promise. Bank transfer records and other evidence confirming payment should also be retained.
Can a victim refuse a settlement?
Yes. A victim may clearly state that they do not wish to settle.
A victim may initially consider a proposal and later decide not to proceed after reviewing the accused’s conduct or the terms offered.
Where the accused, their family members, or other representatives continue contacting the victim after a refusal, the victim should preserve call logs, messages, emails, and other records of the contact. The situation may then be reported to the investigator in charge or discussed with the victim’s attorney.
The victim’s wishes should remain the central consideration throughout the process. A victim does not need to make an unwanted decision merely to help reduce the accused’s punishment.
A victim does not have to contact the accused directly
A victim is not required to speak with or meet the suspect, defendant, their family members, or their attorney to negotiate a settlement.
Under the sentencing guidelines for digital sexual offenses, conduct that causes additional harm to the victim during an attempted settlement may be treated as an aggravating consideration.
A victim’s attorney may assist with:
▪️ Confirming the other party’s settlement proposal
▪️ Negotiating the amount and payment conditions
▪️ Communicating the victim’s requests
▪️ Reviewing the settlement agreement and Statement of Non-Punishment
▪️ Coordinating payment and document delivery
▪️ Including restrictions on future contact or access
▪️ Submitting relevant documents to investigators, prosecutors, or the court
Depending on eligibility, victims of sexual violence in Korea may also apply for assistance from a state-appointed victim’s counsel. This system provides legal support from the early stages of the investigation through trial proceedings.
Before accepting a settlement offer
A settlement in a sexual offense case is not simply a decision about how much compensation to receive.
It also determines the scope of the harm being resolved, the victim’s position regarding punishment, and which civil rights will remain available after the agreement is signed.
Before signing a settlement agreement, the victim should confirm:
▪️ Which rights will be waived under the agreement
▪️ Whether the amount and payment terms are clearly stated
▪️ Whether the victim will submit a Statement of Non-Punishment
▪️ Whether future or newly discovered harm is included in the settlement
▪️ Whether payment and document delivery will occur in a secure order
▪️ Whether restrictions on future contact or access are necessary
How Decent Law Firm assists victims
Decent Law Firm represents victims of sexual offenses in settlement discussions with suspects and defendants.
Our assistance may include confirming the other party’s proposal, negotiating the settlement amount and payment terms, reviewing the settlement agreement and Statement of Non-Punishment, and coordinating the submission of relevant documents.
We may also serve as the victim’s point of contact so that the victim does not have to communicate directly with the accused. Each proposed agreement is reviewed in light of the rights that may be waived and the possibility of additional or newly discovered harm.
Victims who have received a settlement proposal but are uncertain whether the terms are appropriate should consider obtaining legal advice before signing an agreement or submitting a Statement of Non-Punishment.
Official References
▪️ Korean Sentencing Commission, Sentencing Guidelines for Sexual Offenses
▪️ Korean Sentencing Commission, Sentencing Guidelines for Digital Sexual Offenses
▪️ Ministry of Justice, State-Appointed Counsel for Crime Victims
