Hesitating to fight in court even though he has suffered an unfair situation or needs a definite response is because the time and money that he actually has to spend for a trial are prohibitive. It is very common to hesitate or give up on a trial because of the cost of hiring a lawyer. Please check first whether you can hire a lawyer for free. The method and application for appointment of a public defender are as follows.
Requirements and method of appointment of public defender 국선변호사 선임
To be appointed as a public defender, you must meet several requirements. It is largely divided into two types, one is the [victim public defender system] for victims of sexual violence and child abuse, and the other is the [public defender selection system] for criminal suspects. Let’s take a look at the requirements and methods for hiring a public defender for each system. 좋은뉴스
1) Victim public defender system
The victim public defender system is a professional legal support system for victims of sexual violence/child abuse. Public defenders assist in all stages of a case, from the initial stage of the case to investigation and trial. For example, information on investigation procedures, investigation, counseling for victims, writing and submitting written opinions, blocking personal information exposure, attending with investigative agencies, participating in trials and stating opinions, protecting victims, collecting evidence, etc.
Victims of sexual violence and child abuse can all apply for [support for public defender for victims], and all costs are borne by the state. In this case, the method of appointing a public defender cannot be applied online, and the victim himself or his legal representative must report the damage to an investigative agency such as the police station or the prosecutor’s office and apply for a public defender. You can also apply through the Sexual Violence Victims Counseling Center and child protection agencies.
2) Public defender selection system
This time, let’s look at how to appoint a public defender for the suspect, not the victim. First of all, please check the eligibility requirements. Public defenders are divided into cases where an application is required and cases where an application is not required.
The case where a necessary public defender is selected without a separate request is called [selection of a necessary public defender]. Public defenders can be appointed in situations where a criminal case will be referred to a formal trial or where an arrest investigation is in progress. In addition, when the accused is a minor or over 70, deaf, suspected of having a mental or physical disorder, a case requesting treatment and protection, a case to which the Military Court Act applies, taking into consideration age/intelligence/educational level, etc. When it is recognized that protection is necessary, it falls under the requirement for appointment of a public defender.
On the other hand, there are cases in which a separate application is required depending on how to appoint a public defender. It is subject to [arbitrary public defender selection]. Likewise, if you cannot appoint an attorney due to poverty or other reasons, you may request the court to appoint a public defender despite the requirements for appointment. Those with an average monthly income of less than 2.7 million won, basic living security recipients, single-parent families, basic pension recipients, disabled pension recipients, and North Korean defectors fall under this category. The requirements for appointment of a public defender are gradually diversifying and expanding.
At this time, the person who can request the court to appoint a public defender is the defendant himself, the defendant’s legal representative, spouse, lineal relative, siblings, etc.
The way to appoint a public defender is to fill out and submit an application for appointment of a public defender. The defendant himself/herself can fill out the claim form delivered along with the copy of the indictment book, and the claimant other than the defendant can fill out the [Claim for Appointment of Public Defender] and submit it to the appropriate court.
Public Defender Appointment Request Form.hwp
The petition for appointment of a public defender looks like the one above. I will also attach the file as well.
If there is a lawyer you want as a public defender, select it separately and write the name in [Exclusive lawyer]. If you want to select a lawyer who is not assigned to the court as a public defender, write the name and contact information of the lawyer in [Others]. However, please note that the designated attorney is not necessarily appointed as a public defender. In addition, documents such as a certified copy and a public charge are also required.
※ Go to the Korean Court Electronic Civil Service Center
https://www.scourt.go.kr/
All you need to do is fill out the request for public defender appointment, write the name of the applicant at the bottom, sign it, and submit it to the court in charge. It is advantageous to prepare for trial when you submit your application as soon as possible and appoint a public defender.
For more information on how to appoint a public defender, qualification requirements, and trial procedures, please refer to the [Korean Court Electronic Complaint Center].