Filing a State Compensation Application with a District Compensation Council

Procedure

Procedure

1. 01

   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. 02

   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. 03

   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. 04

   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. 05

   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.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Fees & official charges

Fees & official charges

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and one ordinary supplement.

Conditional success fee — For this service, any conditional success fee may be separately agreed within the lawful service scope and stated in a written engagement agreement. No outcome is guaranteed.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Basic documents

Basic documents

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.