Filing a State Compensation Application with a District Compensation Council — 4-Week Decision and 2-Week Reconsideration

Procedure

1. 1. Confirm the basis for compensation and the competent council

   First determine whether the case is an unlawful act by a public official in the course of duty (Article 2 of the State Compensation Act) or a defect in the installation or management of a public facility such as a road or river (Article 5). Applications against both the State and local governments are reviewed by District Compensation Councils, and there are 14 District Councils under the Headquarters Council, located at the regional and district prosecution offices (including the Incheon District Compensation Council). If the person who caused the damage is a soldier or military employee, a District Council at a military unit under the Special Council of the Ministry of National Defense has jurisdiction.

2. 2. Organize the accident details and evidence of damage

   Match the date, time and place of the accident, the agency of the official involved or the facility at issue, and the damage with photos, dispatch records, medical certificates and repair estimates. The back of Form 8 sets out attachments by type of compensation: a doctor's certificate and medical receipts for medical expenses, proof of monthly income for lost earnings, and a repair estimate or repair receipt with itemized details for property damage. Insurance payments or other amounts already received must be stated in the application, so gather those payment records as well.

3. 3. Prepare and submit the compensation application

   On the Form 8 compensation application, enter the applicant's and victim's personal details, an outline of the accident, and the amount claimed by item such as medical expenses, lost earnings, disability compensation, consolation money and property damage, and then sign and seal it. If the applicant is not the victim, attach documents proving the right to apply; there is no filing fee. If medical or repair costs are urgent, an advance payment may be requested at the same time using Form 15, and up to one half of the compensation amount for medical or repair expenses and the full amount of funeral expenses may be paid in advance.

4. 4. Review, decision and service of the decision

   The District Council examines the evidence and decides within 4 weeks to pay, reject or dismiss, and serves the original copy of the decision within 1 week from the date of the decision. If you receive a request for correction, the correction period is not counted in the 4 weeks. Cases in which the estimated compensation is 50,000,000 won or more are sent to the Headquarters Council, which decides within 4 weeks.

5. 5. Submit the consent and claim form or apply for reconsideration

   If you accept a payment decision, submit the consent and claim form (Form 23) with the original copy of the decision to the paying agency; a local government pays within 2 weeks of receiving the claim, and the paying agency for District Councils under the Headquarters Council pays within 1 week. If you do not accept, submit a statement of non-consent (Form 24), and failing to claim payment is treated as non-consent. For a rejection (including partial rejection) or dismissal, submit a reconsideration application (Form 25) through the same District Council within 2 weeks of service, and the Headquarters Council or Special Council decides again within 4 weeks.

Required documents

• Compensation application (Form 8 of the Enforcement Rule of the State Compensation Act; attach the applicant list, Form 8-2, if there are two or more applicants)
• Accident statement, site photos, dispatch records and other materials showing the facts of the accident
• Medical expenses: doctor's certificate describing treatment, medical bills and receipts
• Lost earnings: proof of monthly income (certificates from the mayor, county head or district head and from the head of the workplace)
• Disability compensation: doctor's certificate stating the type of physical disability
• Survivor compensation and funeral expenses: death certificate, family relationship certificate
• Property damage: repair estimate or repair receipt with itemized details, statement of property damage (Form 9 of the same Enforcement Rule)
• If the applicant is not the victim, documents proving the right to apply; if you do not consent to shared use of administrative information, a resident registration abstract

Fees

Generally in the range of tens of thousands to several hundred thousand won in the industry; the fee depends on the number of damage items, how much evidence such as medical certificates and income records needs organizing, and whether an advance payment request or reconsideration application is also needed, and will be quoted after consultation. There is no filing fee for the compensation application.

See fees and official charges for this service →

Legal basis and review date

• State Compensation Act Article 2
• State Compensation Act Article 5
• State Compensation Act Article 8
• State Compensation Act Article 9
• State Compensation Act Article 10
• State Compensation Act Article 11
• State Compensation Act Article 12
• State Compensation Act Article 13
• State Compensation Act Article 14
• State Compensation Act Article 15
• State Compensation Act Article 15-2
• Enforcement Decree of the State Compensation Act Article 8
• Enforcement Decree of the State Compensation Act Annex 8
• Enforcement Decree of the State Compensation Act Article 17
• Enforcement Decree of the State Compensation Act Article 19
• Enforcement Decree of the State Compensation Act Article 20
• Enforcement Decree of the State Compensation Act Article 23
• Enforcement Decree of the State Compensation Act Article 24
• Enforcement Rule of the State Compensation Act Form 8
• Enforcement Rule of the State Compensation Act Form 23
• Enforcement Rule of the State Compensation Act Form 25
• Civil Act Article 766
• National Finance Act Article 96
• Local Finance Act Article 82

Checked against the statutes on 2026-10-13

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

• If you receive a payment decision but do not submit the consent and claim form, you are deemed not to have consented to the decision (Article 15(3) of the State Compensation Act), so decide promptly after receiving the decision and submit the form.
• If a soldier, military employee, police officer or reserve forces member is injured in connection with combat, training or other duties and can receive compensation under other statutes, damages under the State Compensation Act cannot be claimed (proviso to Article 2(1)), so check eligibility for that compensation before applying.

Frequently asked questions