1. Purpose of the research

With internationalization and globalization, our citizens are increasingly staying abroad for the purposes of travel, studying abroad, work, and business. As of 2017, there are over 26 million Koreans traveling overseas along with roughly 7.5 million Koreans living overseas. As the size and scope of activity of Koreans living overseas have increased, they have increasingly suffered from disasters, terror incidents, and crimes. Under the circumstances, where the demand for civilian protection from crimes and terror incidents is increasing alongside intermittent attempts to enact relevant legislation, this research looks at the state of support toward our citizens victimized abroad and examines both the specific constraints that apply and the validity of the currently debated measures that focus on the current legislative drafts. This will serve as a basis to prepare more effective support measures for Korean citizens victimized overseas.

2. Research details and research method

A. Research details

Pursuant to the purpose of this research to specify issues regarding the conditions of support for Korean residents victimized abroad and relevant improvements to the system, there was a focus on the following three aspects.
First, the nature and status of the crime victimization suffered by overseas citizens were understood. As the purpose of this research is not to demonstrate the scope of the criminal victimization suffered by Koreans, at this stage the focus was placed on understanding the victimization in terms of type and characteristics, and the results of such victimization rather than the frequency of victimization.
Second, the status of the current system and legal issues related to the protection of overseas citizens was examined. In order to understand the relevant international standards, international agreements related to consular services and their scope and limits under the Crime Victim Protection Act, as well as the possibility to exercise the right to recourse in the case of provision of compensation and the issues surrounding the interpretation of the national obligation to protect overseas citizens, previous case law and precedent was reviewed.
Third, the state of support toward the victims at the time of crime victimization, the necessity for expanding such support, and the matters to be considered during this process was examined.

B. Research method

The research method largely consisted of a review of the literature and conducting interviews. First, in order to examine the state of crime victimization based on the country, type of stay, and year, the following s were reviewed: ‘State Incidents and Accidents’ prepared by the Ministry of Foreign Affairs and Trade (MOFAT), data on the website ‘Safe Overseas Travel’ that is separately operated by MOFAT to provide travel information for each country and the state of incidents and accidents, Korean press releases related to relevant incidents, as well as the result of previous research related to the status and awareness of crime victimization. With respect to issues related to the enactment of the Protection of Korean Nationals Abroad Act, the contents of the bill were analyzed through the National Assembly’s Legislative Bill Information System, and were compared with the current guidelines for consular services. In addition, international standards, examples of legislation in other countries, the position of Korean case law, and the laws related to criminal law and criminal procedure in the Philippines and China were examined.
In order to hear about the state of victimization, the state of operation for the system, and the limitations of the system, interviews were conducted with the victims as well as those acting in support of the victims, including former/current consul members responsible for handling incidents and accidents, the Korean desk, international criminal investigation detectives, National Police Agency’s foreign affairs division, MOFAT personnel in the division of overseas citizen protection, as well as consulate cooperative personnel and Koreans living overseas association personnel.

3. Crime victimization trends among overseas citizens

First, the status of citizens living or staying abroad was examined. The result showed that in the last 50 years, the number of Koreans living overseas increased by more than 10 fold, from 702,926 in 1971 to 7,430,688 in 2017. The number of travelers going abroad increased from 10 million in 2005 to 20 million in 2016, and in 2017, 26,496,447 people went abroad. In China where this research was focused, 2,548,030 Koreans living overseas are living in China in 2017, and 4,762,200 Koreans visited China in 2016. 1,607,821 Koreans visited the Philippines in 2017.

In the past 10 years, the number of incidents and accidents that the Koreans experienced abroad increased by nearly 3 fold. Among those, the percentages for theft and robbery were the highest. In 2007, the number of victims of theft and robbery were about 1,650, which consisted of 48.9% of the total incidents and accidents; this figure and percentage has continually increased, and has taken up 70% of total incidents since 2014. In contrast to damages resulting from violent crimes against Koreans living overseas, such as murder and kidnapping, the recent increase in the number and the percentage of victims due to theft and robbery has been the most obvious.
According to the type of harm by country, in case of China, the number of Korean citizens who have experienced kidnapping and imprisonment was overwhelmingly higher than any other country. Meanwhile, approximately 1/3 of all murders occurred in the Philippines.

4. State of the legal system and issues

The Crime Victim Protection Act, Counter-Terrorism Act, guidelines for consular services by diplomatic offices on the protection of overseas citizens, and various legislative bills were examined. With respect to the Crime Victim Protection Act, the ‘Guidelines for Economic Support Services for Crime Victims’ that was enacted by the Public Prosecutor’s Office has come into effect as of January 2015; these guidelines set forth detailed standards regarding the conditions, procedures and details of economic support for crime victims. Article 3 Paragraph 2 of these guidelines state that a victim of crime will be eligible for ‘economic support’ including medical expenses, psychological treatment expenses, living expenses, schooling expenses, funeral expenses, etc., only if they have been victimized by ‘criminal acts that have occurred within the territory of Korea (including Korean ships or aircraft outside of Korean territory).’ Therefore, Korean citizens who have been victims of crimes overseas can no longer receive economic support.
In case of the Counter-Terrorism Act, the Act stipulates that support for victims be provided for certain crimes regardless of where the crime originated. Therefore, questions are inevitably raised with regard to whether a crime falls under the ‘purpose of disturbing the exercise of authority of a national institution or making it carry out meaningless acts, or threatening the public’ as stipulated under this Act, and why there are differences between victims in terms of providing protection and support.
With regard to the guidelines for consular services by diplomatic offices for the protection of overseas citizens, the guidelines stipulate the matters related to consular services provided for the protection of overseas citizens by the relevant consular services in case of an overseas citizens suffering an incident/accident. Therefore, in this research, matters on the protection and support for victims under these guidelines were specifically examined.

Other than the above, various case law, foreign legislation, and legislative drafts were reviewed. As for international standards, the Vienna Convention on Consular Relations, the UN Declaration on the Basic Principles of Justice for Victims of Crime and the Abuse of Power, the UN Convention against Transnational Organized Crime, and the EU Convention on Compensation for Victims of Crime of Violence were reviewed. In addition, the support programs for overseas citizens victimized by crime of New Zealand, the UK, the US, and Canada were reviewed.

5. Conditions and limitations of the operation of the protection system for crime victims of Koreans living overseas - in the Philippines

The Philippines is a country where violent crimes against Koreans, including murder, kidnapping, and robbery, happen most often. Based on interviews with consular officials, activists for the protection of Koreans living overseas, and consular cooperation personnel, among violent crimes committed by Koreans against other Koreans, contract killings using a third party and set-up crimes (shakedowns using criminal charges as a pretext or conspiracies with the police that eventually lead to arrest, imprisonment, robbery, or murder) were the biggest category of crimes.
In the Philippines, the biggest complaint by victims (including their families) of crime is that investigations do not begin right away and trial dates continually and unpredictably being delayed. According to The Revised Rules of Criminal Procedure, in principle, investigations must begin upon charges being brought by the victims, and the appearance of victims is required not only in the procedures for an indictment and guilty plea, but also for the issue of a search and seizure warrant. If the victim does not appear, there is a problem with not only investigation delays, but also delays with indictment and trial.
Upon a review of the cases in the Philippines, it can be seen that uniform legal regulations are ineffective as there are differences between the conditions and limitations of different countries in terms of the protection of overseas citizens. In the Philippines, through the self-help measures developed by the local Korean community to prevent crimes and support victims, significant know-how has been cultivated and the local Korean community is structured around one organization. This could be a condition that allows for the civil governance and support systems that must be established when expanding protective services for overseas Koreans. In addition, the Philippines’ paternalism plays the biggest obstacle in investigations and trials. Of course, this cannot be a justification for delaying the handling of a ‘justifiable request’ made by the consul to the relevant national institution. However, based on the characteristics of each country, the effect of such request can be different, and the available resources or methods to be mobilized to anticipate the intended effects can also be different. This means that imposing legal obligations on the consul through the enactment of a uniform law cannot be the solution to secure effective victim support, so a specialized approach for each country is necessary. In addition, with respect to such an approach and to actually providing such victim support, the continued inspection and establishment of a long term plan by not only MOFAT, but by all of the branches of the government, is necessary.

6. Conditions and limitations of the operation of the protection system for crime victims of Koreans living overseas - in China

After the establishment of diplomatic ties between Korea and China in 1992, the number of Koreans living in China has continuously increased and their distribution among the regions of China has also become varied. Korea and China have already entered into criminal investigation cooperation agreements, criminal extradition agreements, and consular agreements, and the cooperative relationship is still being developed. In China, trial proceedings with respect to foreigners are called “liaison cases” and their procedures are stipulated in the Criminal Act and the Criminal Procedure Act. There are differences in comparison with the Philippines case in page 5 above, as the Chinese criminal judicial system promotes agreements between the parties prior to indictment, and upon indictment, China acts independently to the extent that a request by the consul or a request for cooperation is rarely accepted.
In China, the main issues with respect to support for victims of crimes are as follows. First, it is difficult to retain a competent lawyer due to the victim’s economic status and the characteristics of the investigation area, etc. Second, the agreement between Korea and China makes it difficult for consular personnel in diplomatic offices to be actively involved in a case, and the Korean community instead carries out any work that is difficult to be carried out by the diplomatic offices. Third, there are many cases where consular cooperation personnel cannot perform their duties. Fourth, there are cases where victims complain of economic difficulties. Therefore, the following issues remain: economic support and building the labor pool to support the hiring of lawyers or the provision of consultation services, supporting the Korean community and building a friendly partnership with the embassy, the expansion of economic support for the victims, and the securing of trust with respect to the professionalism and the process of selection of consular cooperation personnel.

7. Policy proposal

The policy proposal has been largely divided into an expansion plan for the support system and the establishment of a victim support system and diplomatic cooperation.

A. Expansion plan for the support system

- What to do? System of necessary support
First, during the process of the initial reporting of a crime and the start of the investigation, active guidance or involvement of the consulate is necessary.
Second, the diversification of reporting channels and notifications are important.
Third, guidance with respect to the general characteristics of the criminal procedures of the relevant country is necessary.
Fourth, the expansion of compensation and economic support is necessary. In other words, the principle of bearing the burden oneself needs to be modified, and easing the conditions for emergency rescue expenses is required.
In addition, the provision and education of a labor pool of lawyers and interpreters for the investigative and trial process is required, and efforts to be able to provide protective custody are important.

- Who will do what? Agents of support and use of the existing system
First, an increase in the number of consular and consular cooperation personnel, as well as the formation of a consultative group to improve the transparency of the uation process, should take place.
Second, civil governance through the Korean community and contracting out certain support services would be better; provided, there is a need to consider the characteristics of the Korean community in each country.
Third, eligibility for support should be expanded so that the Crime Victim Protection Act applies with respect to the damages from crimes suffered by Koreans living overseas that have occurred abroad.
Fourth, the concept of overseas Korean protection centered on detained defendants needs to be modified. In other words, when setting rules, support for victims must be specified.

- What will be the extent of support? The principles of support
First, the current principle that support should not exceed the level of domestic support should be discarded, and the differences in the economic levels, medical fees and price indices, and victim support policies should be considered.
Second, establishing a priority order for budget allocation and gradually expanding the targets and conditions for support are necessary.
Third, there needs to be an effort to confirm the damages through consulate on-site confirmations and reports.
Fourth, the reasons for a consulate’s cessation of assistance must be specified so that there are clear regulations in case of a conflict of opinions between the victim and the consulate.

B. Establishment of a victim support system and diplomatic cooperation

- Necessary to establish a support system with respect to the damages from crimes suffered by Koreans living overseas
First, a committee to establish and review the plan should be established, and a method to connect MOFAT with the Ministry of Justice, the Police, and the Ministry of Health should be established.
Second, regular studies to determine actual conditions, and the management of data regarding the status of incidents and accidents, should be carried out thoroughly.
Third, consulate job environments should be improved, and professionalism should be enhanced by using a resident police officer system.
Fourth, it is necessary to enhance the status of the consulate when dealing with incidents and accidents.

- Securing effective diplomatic cooperation in terms criminal procedures
First, a system of cooperation between countries for not only the protection of victims, but also for the repatriation of wanted individuals and the extradition of criminals should be established.
Second, there are cases where support through ODA businesses is helpful in the active investigation of incidents and accidents involving Koreans living overseas; therefore, from the perspective of the protection of overseas Koreans, the effectiveness of ODA businesses should be examined.