1. Purpose and Necessity

Foreigners are particularly vulnerable to victimization by crimes. Despite this fact, in Korea, not much attention has been accorded to the reality of crime victimization of foreigners and the support and protection currently available for foreign victims of crimes. To address this issue, this study looks into the protection and support for foreign victims of crimes that are currently provided by such institutions as Crime Victim Support Centers, and carries out a case study on crime victimization of foreigners to identify the issues with the current support and protection policies for foreign victims of crimes and possible ways to improve them. In addition, this study reviews the principles under the international human rights laws regarding support and protection for crime victims, and overviews programs and legislations aimed at supporting crime victims in other countries to derive implications for the relevant programs in Korea.
In Korea, financial support for foreign victims of crimes-such as subsidies for medical treatment-are provided only to foreigners legally staying in Korea, and the Relief Grants for Crime Victims are offered only to foreigners from countries that provide such grants to Koreans. This study reviews the implementation of the support programs for foreign victims of crimes in effect to identify the practical issues caused by the relevant statutes. This study also explores how the eligibility criteria of the Crime Victim Fund and the beneficiaries of the Relief Grants for Crime Victims should be expanded to protect the human rights of foreign victims of crimes in Korea, and provide them with meaningful support to address the harm they suffered.

2. Method

A. Literature Review
To explore the above issues, this study reviewewd previous literatures and carried out a case study. Through the literature review, the researchers went over previous researches on programs and policies offering protection and support for crime victims in Korea. Due to the small number of previous literatures on foreign victims of crimes in Korea, the researchers relied on news articles and press releases from ministries to identify the institutional issues with programs and policies for foreign victims of crimes.

B. Case Study
The case study on support for foreign victims of crimes was carried out in three parts. The first part looked into support for foreign victims of crimes by Crime Victim Support Centers. To be specific, the researchers surveyed support provided to 87 foreign victims of crimes by 59 Crime Victim Support Centers across Korea for a two-year period (2015 and 2016). The second part reviewed 20 cases collected through other institutions tasked with providing support and counseling services to immigrants. Lastly, the third part involves 21 cases collected from the Women Migrants Human Rights Center, the National Association of Shelters for Women Migrants, and the Seoul Women Migrants Counseling Center.
The cases regarding support for foreign victims provided by Crime Victim Support Centers were statistically analyzed by categorizing and quantifying the characteristics of the overall cases. As for the other two parts of the case study, qualitative methods were employed to categorize the cases into different types and analyze the characteristics of each type.

3. Support Programs for Crime Victims and Foreign Residents in Korea

A. Protection and Support Programs for Crime Victims in Korea
(Constitutional Rights of Crime Victims) Article 27(5) of the Constitution of the Republic of Korea stipulates, “A victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as under the conditions prescribed by Act.” According to Article 30, “citizens who have suffered bodily injury or death due to criminal acts of others may receive aid from the State under the conditions as prescribed by Act.”
(Relief Grants for Crime Victims) Korea has statutory procedures in place to realize crime victims’ constitutional rights to receive aid from the State. The Crime Victim Protection Act stipulates that a victim can receive relief grant if: i) he/she is unable to obtain full or partial compensation for criminal damage, or ii) he/she becomes a victim subject to relief after providing a clue to the investigation, such as a complaint or accusation, presenting statements, or giving testimony or submitting materials in the process of investigation or trial of a criminal case of his/her own or any other person (Article 16). The Act provides for three types of relief grant: bereaved family relief grant, disability relief grant, and serious injury relief grant.
(Provision of Access to Criminal Justice) The Criminal Procedure Act and other laws related to protection of crime victims contain various provisions that provide for programs aimed at protecting crime victims’ privacy and personal security. These programs include: i) preparation of statements under pseudonyms; ii) security measures by the police; iii) provision of emergency pagers to victims; iv) provision of temporary shelters; v) preferential consideration for National Rental Houses and other supports related with rental houses; and vi) escort services to courts. Also, under the Enforcement Decree of the Crime Victim Protection Act, crime victims a range of rights regarding information related with criminal proceedings, including: i) the right to be informed of victims’ rights and related supports during investigation; ii) the right to receive information regarding investigation, trial, sentence, and parole; and iii) victim interview and counseling/medical/legal support at “Sunflower Centers” under the Ministry of Gender Equality and Family. As for legal assistance for crime victims, victims of sexual violence or child abuse can receive legal assistance from public defenders appointed to them, and victims of sexual violence have access to free legal support provided by the Ministry of Gender Equality and Family. Lastly, foreign victims of crimes can receive translation and interpretation services during legal proceedings.
(Recovery and Restoration Supports) As for medical support, the Crime Victim Protection Act requires the central and local governments to to provide medical services to crime victims, which include financial assistance for medical bills. Also, the Ministry of Justice provides medical assistance to victims of homicide, robbery, rape, assault, arson, and other violent crimes who suffer from post-traumatic stress disorder (PTSD) through its welfare centers for crime victims called “Smile Centers.”
In addition, a variety of programs are in place to provide financial, tangible, and psychological support aimed at helping crime victims recover from their experience.
i) Financial support for caregiver services, ancillary expenses, and care services is available for Korean nationals and foreigners legally staying in Korea. ii) For victims having difficulties with finding jobs because of the physical and psychological injuries they suffered, the Ministry of Justice and Crime Victim Support Centers pay for their education and vocational training so that they can achieve financial independence. iii) The Emergency Aid and Support Act provides for financial, tangible, and psychological assistance aimed at helping victims recover from their experiences and restore their lives. iv) The bereaved family of a victim can receive financial support for funeral expenses. v) In cases where a violent crime took place at a residential building, clean-up services are provided. vi) Victims of sexual violence, domestic violence, and prostitution can turn to counseling centers and shelters for psychological and emotional support, as well as vocational training and information on possible job opportunities.

B. Foreign Residents in Korea
As of October 2017, more than 2,135 thousand foreign residents are living in Korea, a figure which increased more than 2.3 times for the last 11 years. As of the end of October 2017, foreign residents (2,135,049) take up 4.1% of the registered population of Korea (51,769,092).
Long-term foreign residents take up 73 to 80 percent of all foreign residents in Korea, a figure which only slightly fluctuated over the years. The percentage of short-term foreign residents remained between 20 and 27 percent. Therefore, the majority of foreign residents in Korea are long-term foreign residents.
While the percentage of foreign residents on E-9 visa (non-professional employment) is declining, the number of residents on E-9 did not decline because the absolute number of foreign residents increased. These residents represent a group particularly vulnerable in the Korean society, because they relatively lack the emotional and cultural connection with Korea compared with foreign residents on F-4 visa (Koreans lliving abroad) or H-2 visa (visiting employment).
As for the gender mix of foreign residents in Korea, males comprise 55 to 57 percent of all foreign residents, whereas females take up 43 to 45 percent. The percentage of males exceed that of females by more than 10 percent. Also, compared with the general Korean population, the percentage of foreign residents under 19 and over 60 is lower, and the percentage of residents between 20 and 50 is higher.
As of the end of October 2017, Chinese residents in Korea account for the largest part of all foreign residents at 47.4 percent, in which residents of Korean descent takes up 31.6 percent. The second largest group of foreign residents come from Vietnam (7.8%), followed by the United States (7.1%) and Thailand (5.8). The percentage of residents from other countries are 3 percent or less, respectively.
Foreign residents from the Philippines, Uzbekistan, Cambodia, Indonesia, Russia (Federation), and Mongolia account for 2.0% or higher, respectively.

4. Protection and Support for Foreign Victims of Crimes: Crime Victim Support Centers

(Number of Foreign Victims of Crimes Supported by Crime Victim Support Centers)
In 2015 and 2016, Crime Victim Support Centers across Korea took up the cases of 97 and 77 foreign victims of crimes, respectively. Of these victims, some of them only received telephone counseling or counseling by visit. The number of victims who received support other than counseling was 40 in 2015, and 47 in 2016. Of all foreign victims of crimes supported by the Centers, the percentage of victims who received support other than counseling was 41% in 2015, and 61% in 2016.
(Gender and Age Mix of Foreign Victims of Crimes) Of the 87 foreign victims of crimes supported by Crime Victim Support Centers across Korea for the last tow years, the number of males was 42 (48.3%), and the number of females was 44 (51.7%).
The percentage of female victims was slightly higher. As for ages, compared with the gender mix of all foreign residents, the percentages of victims in their 10's and 60's were lower, and the percentage of victims in their 30's was markedly higher.
(Victim-Assailant Relationships) A review of the relationships between foreign victims of crimes and the assailants shows that victims and assailants had not known each other before the crimes in 32% of the cases (28), while victims and assailants had known each other before the crimes (spouses, colleagues, cohabitants, etc.)
Therefore, the majority of foreign victims were victimized by their acquaintances.
(Types of Crimes) As for types of crimes, assault (including infliction of physical injury) accounts for the highest percentage at 54% of all cases (47 victims), followed by domestic violence (20.7%, 18 victims), sexual violence (8.0%, 7 victims), attempted homicide (6.9%, 6 victims), and homicide (5.7%, 5 victims) (Harm Inflicted) Of the 87 foreign victims of crimes surveyed, 5 of them passed away due to the crimes (5.7%), 7 of them were disabled or seriously disabled by the crimes (8.0%), and 72 of them suffered bodily injury (82.8%). The highest number of foreign victims of crimes supported by Crime Victim Support Centers suffered bodily injury.
(Characteristics of Protection and Support of Foreign Victims of Crimes) Of the foreign victims of crimes supported by the Centers, a starkly higher number of victims were referred to the Centers by the police (59 victims, 63%), while 9 victims (10%) contacted the Centers on their own, 7 victims were referred to by prosecutors (8%), and 8 victims were referred to the Centers by other agencies (9%).
In 2015 and 2016, only 8 victims were supported by the Crime Victim Fund through the Prosecutors' Office Review Committee. While these victims suffered bodily injuries requiring more than five weeks of medical treatment and received large sums of reimbursements for the treatment, they take up only a small percentage of foreign victims of crimes supported by the Centers. The supports given to most of the foreign victims of crimes supported by the Crime Victim Support Centers are determined by the Centers themselves.

5. Criminal Victimization of Foreigners: Focused on Immigrant Workers and Immigrant Women

A. Issues with Support for Immigrant Workers Victimized by Crimes
(Access to Support for Foreign Victims of Crimes) Immigrant workers have only limited access to programs that support foreign victims of crimes, which is caused by the narrow scope of eligibility, compounded by other reasons such as the strict and complicated eligibility requirements. Even when immigrant workers manage to satisfy these requirements, most of them receive only financial support, which restricts their satisfaction with the programs.
(Awareness of Support Programs for Foreign Victims of Crimes) Most of those surveyed by the researchers were not aware of the support programs in the first place. The employees in the public sector who come in contact with foreigners on a regular basis, members of criminal justice agencies, and NGO activists surveyed in this study seldom knew the existence of those programs or how they can access them, not to mention the victims themselves. Most interviewees provided answers in the line of "I didn't know we had such programs. Maybe I will apply myself."
(Reluctance towards Korean Justice System) Foreign victims of crimes were found to be highly reluctant to be involved in the Korean justice system. The reasons they provided include disadvantages that come from their status, possible unfairness during investigation caused by the lack of interpretation services for minority languages, and the indifference toward public authorities that comes from the victims' cultural background that tolerates resolution of conflicts through violence. Improvements for crime victim support programs should be coupled with measures to mitigate their reluctance by addressing these factors.
(Difficulty with Utilizing Support Programs for Foreign Victims of Crimes) Foreign victims of crimes are reluctant to utilize the available support programs for a number of reasons. The visa programs may change, although inevitably, and the notification requirements make it difficult to protect and support unregistered residents. Other causes of the low usage of the support programs include the customary identification of criminal acts with violations of human rights, the lack of initiative in investigation of racial crimes due to the lack of legislations that criminalize racist behaviors such as random assault, the victims' cultural backgrounds that justify or prefer resolution by violence, the lack of proactive regulation against abuse of judicial powers by Koreans, and the single-language environment in criminal and judicial agencies (lack of interpretation services for minority languages).

B. Issues with Support for Immigrant Women Victimized by Violence
The researchers identified the following limitations and issues with the protection and support for immigrant women victimized by crimes such as domestic violence, sexual violence, human trafficking, and forced prostitution.
(Discrimination Regarding Access to the Justice System and Support Programs) Immigrant women's access to the justice system and support programs are limited by the discrimination and exclusion they experience in the process. i) They do not benefit from proper translation and interpretation services during judicial proceedings. ii) Members of the police and judicial agencies lack understanding on violence against women and the related support programs, and often exhibit discriminatory attitudes. iii) The requirements and procedures applicable to Korean victims also apply to immigrant women without consideration of the latter group's vulnerability, which makes it difficult for them to access the judicial services, protection, and support programs.
(Additional Harm and Limitation in Support Caused by Vulnerable Status) Immigrant women experience difficulties with actively responding to acts of crimes committed by their spouses, whether they are Koreans or foreigners, when their resident statuses are determined by their spouses. The Immigration Act has special provisions on immigrants by marriage and victims of sexual violence which provide for discretionary extension of residence during or after criminal justice proceedings and remedy proceedings. However, immigrant women do not enjoy meaningful access to this extension as they lack the information and the administrative authorites have a full discretion on the matter. In addition, victims of crimes other than domestic violence and sexual violence do not enjoy any special administrative attention, including extension of stay during judicial proceedings. Illegal female residents in Korea are not reluctant to contact judicial agencies even when they are victimized, as it would entail a risk of their illegal status being exposed, which would result in their deportation. The current Immigration Act has an exemption from the notification requirement for those public officials who become aware of the illegal status of victims in the process of providing relief or remedy to crime victims or victims of huiman rights violations. However, such exemption is left to the discretion of the authorities, and the criteria for the exemption are not clearly defined. Also, police officers and judicial officers often lack awareness or understanding on this exemption, which limits its effectiveness.
(Exclusion of Victims of Violence Committed by Foreigners) The protection and support programs currently in effect, other than the Relief Grants for Crime Victims, are only provided to legal foreign residents victimized by Koreans. They fail to address the harm caused by foreign criminals, which puts the lives of the victims at risk.
(Lack of Support for Victims of Human Trafficking and Forced Prostitution) Other than the laws punishing human trafficking, Korea has yet to introduce protection and support systems for victims of the crime. Although victims of human trafficking for the purpose of prostitution are covered by the protection and support under the Act on the Prevention of Commercial Sex Acts and Protection, the victims do not enjoy a sufficient level of protection and support because of the failure to identify victims in the early stages, which in turn comes from the lack of recognition and understanding of victims of human trafficking by judicial agencies. Stable support is also prevented by the absence of specific criteria for support such as the provision of living expenses or the expenses to return to their countries, or support for access to criminal justice proceedings.
(Lack of Support System Based on Consideration of the Special Needs of Foreign Victims) Foreign victims's specific needs include the provision of support for living expenses or expenses to return to their countries. However, these needs are not addressed by the current programs as they are designed mainly for Korean victims

6. Issues and Improvement of Protection and Support for Foreign Victims of Crimes

A. Implications of International Human Rights Laws and Protectionand Support Programs for Victims in Other Countries
(Principles of Support for Crime Victims under International Human Rights Laws) International human rights laws provide that nations should, at the least, respond to all victimizations that take place in their territories regardless of the progress and outcomes of criminal justice proceedings or the nationalities and statueses of the victims. The members of the European Union and the Europen Economic Community have been expanding the scope of compenstation and support for crime victions on the basis of the conventions that have the same effect as their domestic laws. The United Kingdom and Germany also offer compenstations for foreign residents, although the amounts of ompenstation may vary.
(Compensation for Foreign Victims of Crimes) New Zeland, the United Kingdom, and Germany legislated compenstation for legally staying foreigners who suffered victimization in their therritories. Japan and Swiss, on the other hand, provide for compensation for residents with addresses in their countries. However, even the countries that require legal resident status for compensation offer support for victims of human trafficking even when they are illegal immigrants. Some of the victims are given long-term resident status as necessary, if they want. The New Zeland Ministry of Labor and the Immigration Bureau provide support for immigrants victimized by harrassment, fraud, and exploitation, and give the victims the option of staying in the countries during the criminal proceedings. This support does not require legal resident status.
(Support for Foreign Victims in Countries with Constitutional Compensation for Victims) Swiss and Mexico have compensation, protection, and support for foreign victims in place. Swiss makes it clear that reliefs for crime victims are not tied with the victims' nationalities or addresses in its laws and guidelines, so that foreigners can benefirt from the programs. Mexico also specifically provides for rapid and effective protection and support for foreign victims of crimes. However, Mexico includes foreigners in the scope of compensation and support under its domestic laws, as the countries recognizes the vitim status accorded by decisions of international justice organizations under the American Convention on Human Rights.

B. Institutional Improvements of Support for Foreign Victims of Crimes

(Expansion of Support for Foreign Victims for the Realization of Victims' Rights under International Human Rights Laws)
(1) The beneficiaries of the Relief Grants for Crime Victims should be expanded for foreigners with adresses in Korea. Under the current Crime Victim Protection Act, the Relief Grants for Crime Victims are offered only to foreigners from countries that provide such grants to Koreans, and victims killedor disabled by the crimes who are not covered by any of the other laws or compensated by the assailants. However, the limited scope of protection under the Act may effectively violate the basic human rights of foreign victims of crimes. New Zealand, the United Kingdom, Germany, Japan, Mexico, and Swiss have statutory provisions for compensation for foreigners victimized by crimes that took place within the scope of their soverign powers. Korea needs to consider the practices of these countries and revise the Crime Victim Protection Act so that foreign victims of crimes who suffered serious harm can benefit from the Relief Grant. Discrimination based on nationality should be removed from the scope of beneficiaries, and the eligibility criteria should be expanded to include foreigners with addresses in Korea as is the case with Japan and Swiss.
(2) The support for crime victims need to be broadened regardless of the resident status or nationality of the assailants. The current rules of the Supreme Prosecutors' Office and the restoration support guidelines of the Ministry of Justice limit the scope of support to foreigners victimized by Koreans. This requirement should be removed, and the programs should be expanded to include measures to achieve recovery and access to justice based on the specific harms caused by the crimes, and the needs of the victims.

(Enhanced Access to Justice that Takes Account of Characteristics of Foreign Victims)
(1) The relevant programs should be improved to provide meaningful interpretation and translation services. The enhancement of access to justice by foreign victims of crimes requires interpretation support provided by interpreters with guaranteed neutrality and credibility. Interpreters need to be offered education on protection and support for different crimes under the relevant laws. One of the possible ways for an effective interpretation and translation support system for crime victims in the long run is to reinforce cooperation with NGOs for foreign residents who currently have interpretation systems in place.
(2) The resident status of foreign victims of crimes need to be guaranteed. All foreign victims involved in criminal and remedy proceedings need to be given legal resident statuse during the proceedings, and the laws need to clearly provide for the possibility of extended stay when a victim needs to stay longer to recover from serious harm. Also, such extension should not be left to the discretion of the administrative authorities. A victim should be allowed to stay for a specified period if he/she satisfies the requirements regarding seriousness of crime or vulnerability clearly prescribed by the relevant laws.
(3) The notification system should be enhanced for foreign victims of crimes in the early stages of judicial proceedings. To enhance access to justice by foreign victims, information on their rights and support programs need to be provided in languages that they can undrstand, and such information should include the content specific to foreigners such as their status and residence, and introduction of support NGOs for immigrants.

(Protection and Support System for Victims of Human Trafficking in Accordance with International Human Rights Laws) Korea needs to enact an act on protection and support for victims of human trafficking. The support system of New Zealand provides a nice frame of reference for protection and support for victims of human trafficking. In New Zealand, once a victim is identified as a victim of human trafficking, she has access to the same level of compensation, protection, and support available for New Zealand nationals. Also, the Ministry of Labor and the Ministry of Foreign Affairs of New Zealand offer the victims options of returning to their countries or staying in the country as long-term residents based on their needs.
(Integrated Delivery System for Protection and Support for Foreign Victims of Crimes) An integrated delivery system needs to be established by establishing a meaningful connection between the existing support system for foreigners and the support system for crime victims. Such delivery system includes an integrated management system in the public sector where the crime vitim support department of the Ministry of Justice and the support system for immigrant women in the Ministry of Gender Equality and Family can share information and cooperate with the Ministry of Foreign Affairs, and the departments in the Ministry of Justice in charge of immigration and immigrant workers. In addition, a private sector network needs to be established among NGOs supporting immigrants, crime victims, and immigrant women.