In sex crime settlements, the terms and sequence matter more than the amount

What settlement means at each stage

• During the investigation · A settlement reached before the prosecutor's decision opens the possibility of non-indictment, such as a suspended indictment.
• During trial · A settlement before sentencing affects both the severity of the sentence and whether it is suspended.
• In cases where the charge is denied, attempting a settlement itself can be read as an admission, so be careful about when to raise it.

Problems that arise when you make contact yourself

A suspect cannot obtain the victim's contact details from investigative agencies. If you get the number through acquaintances and ask for forgiveness or a settlement, the victim may feel frightened or pressured, and a separate complaint is sometimes filed over it. The safe route is for your defense counsel to convey your wish to settle to the investigative agency or the victim's attorney.

Clauses in a settlement agreement

• No wish for punishment · The victim's statement that they do not want the offender punished, which weighs most heavily in sentencing.
• No approach or contact · A clause for the victim's safety. Some agreements provide for a penalty payment if it is violated.
• Confirmation of deletion and non-distribution of recordings · Indispensable in illegal filming (officially “taking photographs or videos by using cameras”) and deepfake cases.
• Confidentiality · A promise not to disclose the settlement or the details of the case to others.

Representing the victim in a changing-room illegal filming case, DAEON Law Firm, when the offender's side requested a settlement, included no-approach and penalty clauses in the agreement to prevent further harm.

When no settlement can be reached

Even if the victim's identity is not exactly known, if the case is at trial, a criminal deposit can be made in the victim's name at the deposit office where the competent court is located (Article 5-2 of the Deposit Act). However, a deposit made when the victim firmly refuses to accept it is recognized only narrowly as an effort to remedy the harm. If you are on the victim's side, decide with your attorney in advance whether to accept the deposit and, if you do, how to convey your wish for strict punishment.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026