With the growing number of citizens who travel or reside in foreign countries, risks of becoming a victim of crime while abroad increase. So, the number of citizens who become victims of crime while abroad is expected to go upward. However, the truth is that crime victim assistance for Korean nationals who become victims of crime while abroad hardly meet their needs. For the purpose of providing necessary assistance to Korean citizens victimized overseas, ‘Act On Consular Assistance Of Protecting Overseas Korean Nationals’ was enacted. The act does not set forth any practical support or assistance but only it provides “procedures to apply for assistance”, “provision of guidance, information, or a list of attorneys-at-law and interpreters to the extent possible.” It is required to improve efficiency of providing victim assistances to victims of crimes overseas.

The study overviews victim assistance programs of other countries for example in Canada, German, and the United States.

In Canada, Canadians who have been victims of a serious violent crime in foreign countries are eligible for financial assistance through the Victims Fund at the federal level. Since 2007, financial supports have been provided to victims at the government level to cover expenses where the victim has no other source of financial assistance. Expenses covered by financial support are travel expenses, medical and hospital expenses, expenses for funeral and burial if the crime resulted in the death of the victim, and other types of out-of-pocket expenses. Besides victim assistance programs administered by the federal government or provinces, Canada’s emergency response for crime victims is presently laid out in the Canadian Consular Services Charter (CCSC). It empowers Canadian officials to help overseas victims in a number of ways and provides the information which would be given to Canadian victims including a list of local doctors and hospitals, advice and contact information for local police and medical services, a list of local lawyers, and governing local laws and regulations. Under the charter, consular staff shall also contact relatives or friends of victims, provide assistance to repatriate remains, and so on. The staff may engage with local authorities regarding a criminal investigation and the laying of charges. The Canadian Resource Centre for Victims of Crime (CRCVC) provides Canadian nationals victimized abroad with a vast array of crime victims assistances through international networks with other countries. Even after victims returned to Canada, CRCVC assists them to apply for crime victim assistance programs. However, assistances offered by CRCVC to crime victims overseas is limited as it is not a consular office in the country where the crime occurred.

Victim assistance programs in the United States are not much different from those in Canada. Compensations and assistances for citizens victimized overseas is offered by states governments. It means that depending on victim assistance programs run by each state, victims of crime abroad may not be able to receive financial assistances. Diplomatic missions or consulates offer victim assistance services such as contacting family, friends or employers in the U.S, providing information about medical services as well as laws, regulations, and judicial procedures of the country where the crime occurred, arranging return to home, and offering the list of lawyers.

In addition, the U.S. Department of Justice provides financial reimbursement for qualifying expenses to qualified U.S citizens and U.S. government employees who suffered direct physical or emotional injuries from an act of international terrorism while outside the United States according to International Terrorism Victim Expense Reimbursement Program (ITVERP). ITVERP covers expenses for medical treatment, mental health, and funeral and burial, compensation for property loss, and travel expenses to victims of terrorism at the federal level.

In the case of Germany, it provides crime victim assistance services to not only German citizens but to foreign nationals who have legally stayed in the country for more than three years, if they become victims of crimes outside Germany. Furthermore, Germans have the right to make a victim compensation claim against a member country of the European Union where the crime occurred according to the European Union Directive (EU-Richtlinie 2004/80/EG). The German government provides those victimized abroad with the same amount of compensation for physical, emotional, and mental treatment which victims of crime in Germany. The only difference is that victims of crime overseas are not able to receive subsidies from the social insurance program unlike victims of crime in Germany. Compensation is paid for victims of crime abroad only once depending on seriousness of damage caused by the crime. The reason that the German government differentiates assistance services for crime victims at home and abroad is that the state has no responsibility to compensate for failure of crime prevention under principles of sozialstaat ("social state") for crime occurring in foreign countries.

The top priority of crime victim assistance services is to identify what they need and provide required assistances and help them recover damages. Therefore, certain circumstances and needs of those who become victims of crime outside the country must be considered before formulating victim assistance programs. It can be more difficult for those victims to report the crime to police because they may be in unfamiliar surroundings, and may not know the local language or customs. They may not be able to communicate with local support services, including first responders and law enforcement, or get emergency treatment without translators. Even in some cases, crime victims find themselves in a situation where they are not able to go out to get grocery or daily necessities due to post-traumatic stress disorder and require assistance for their survival.

In addition, even if crime victim assistance services for foreigners are provided in the country where the crime occurred, they might face difficulties in applying for those services, obtaining legal information, or participating in criminal proceedings as a victim in a foreign country.

It is needless to say that upon returning to their home country for medical treatment or other reasons, participating in local criminal proceedings is much challenging for those victims. An array of effective and practical assistance services should be continuously provided to them even after they come back to the home country with a view to help them recover damages. Those services should include but not limited to securing safety and security of victims, providing medical treatment, offering legal assistances and so on.

Lastly, taking into account the current status of victim assistance programs in Korea, the study present suggestions to improve them for citizens victimized abroad.

First, emergency services provided by the Consular Call Center of the Ministry of Foreign Affairs should be extended to contact local police and arrange interpretation service for crime victims. Specifically, if citizens victimized abroad call the consular call center to report criminal damage and get assistance, the call center gets in touch with the local police and emergency assistance services on behalf of the victim so that he or she could get timely necessary help. It may arrange interpretation service and help victims communicate with investigative authorities and medical institutions.

Second, Article 12 of Act On Consular Assistance Of Protecting Overseas Korean Nationals (Consular Assistance for Korean National Victimized Abroad) shall be interpreted as the lower limit not the upper limit of consular assistances that can be received by Korean nationals who become victims of crime while abroad. The fact that the act does not provide for consular assistances for victim of crime overseas should not be used as an excuse for not providing victim assistance services to them.

Third, under the unique circumstances of the crime victim and within the permitted range by the local legal system, diplomatic missions abroad timely provide necessary support including but not limited to guardianship intervention, to Korean nationals staying abroad who have suffered serious injuries as a result of crime. First of all, diplomatic missions abroad should closely cooperate with local investigative agencies and emergency medical institutions and immediately notice them of criminal damage of Korean nationals. In addition, diplomatic missions may follow up the status of investigation of the crime depending on seriousness of crime, and request and effective investigation to the local investigative authorities. For those cross-border victims, it is needed to provide practical assistance in a variety of areas, from providing the on-site interpretation service, offering basic necessities, arranging air tickets to return home, to securing financial assistance in a timely manner. Expenses for victim assistance shall be borne by the diplomatic mission abroad, and then reimbursed later according to the benefit principle. It is also possible to finance expenses by the crime victims protection fund or to raise a separate fund for the protection of overseas citizens.

Fourth, the capability and expertise of staff of diplomatic missions to support crime victims should be enhanced. At the same time, the number of staff in charge of supporting crime victims overseas should be increased. Training and education on crime victim support shall center on characteristics of crime victims and specific assistant methods. It is also required to have staff of consulates with the capability and expertise in supporting crime victims. Furthermore, in order to help victims get effective legal assistance regarding civil and criminal proceedings as well as to apply for local crime victim assistance, diplomatic missions have the list of local lawyers who could provide accurate legal information and advice on legal issues. In addition, it may be considered to legislate a provision for immunity or limitation of liability of the person in charge of victim assistance services to the extent that staff responsible for the victim support service could fulfill their duties without any concerns about being taken any legal responsibility.

Fifth, the number of police officers alloted to overseas diplomatic missions should be expanded. Police officers overseas could serve as a powerful communication channel that leads to active and close cooperation with local police. Taking into account the importance of police officers in diplomatic missions and the fact that they, it is needed to dispatch police officers to all countries and regions.

Sixth, victim assistance services should be continuously provided even after victims return to Korea. To this end, the Ministry of Foreign Affairs and the Ministry of Justice should establish a joint administration system so that victims of crime abroad could automatically get continuous victim assistance services upon returning. Diplomatic missions may inform victims of local criminal procedures and criminal victim support programs even after they return home. Furthermore, subsidizing travel expenses for participation in local criminal proceedings may be considered to guarantee their right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole hearing. Expanding international networks among crime victim support organizations would be a good way to enhance effectiveness and efficiency of victim assistance programs for Korean nationals victimized abroad.

Lastly, victim compensation assistance by crime victims fund program should extend to victims of crime overseas. In other words, the crime victims’ right to claim for aid must be guaranteed. The amount of compensation to crime in foreign countries may be prescribed by policies. It is also possible to use the crime victim protection fund as the financial resource, or to establish a separate fund to support overseas Koreans if necessary.