「공탁법」 제9조의2 공탁금 회수제한에 대한 검토

On September 26, 2024, the National Assembly passed an amendment to the Depository Act that primarily restricts the withdrawal of criminal deposit funds. This revision aims to address issues that emerged following the implementation of the Special Criminal Depository System in 2022, with the primary objective of protecting crime victims. The core provision of this amendment restricts the withdrawal of deposited funds in cases where the deposit is made for the benefit of a victim in a criminal case. However, exceptions are granted under certain conditions, such as when the beneficiary consents to the withdrawal, refuses to accept the deposit, or when the criminal case in question results in a final acquittal or a decision not to prosecute. Although criminal depository funds have been classified as performance deposits, their unique nature has necessitated procedural and substantive distinctions from general performance deposits. However, prior to this amendment, there was no explicit legal basis for such differentiation. The introduction of special provisions for criminal depository funds and the establishment of restrictions on withdrawal provide a statutory foundation for these distinctions, which is a significant legal development. Nevertheless, this amendment marks a major deviation from the fundamental principle of performance deposits, which traditionally allows for withdrawal by the depositor. While this restriction can be justified in light of the unique characteristics of criminal deposits and the necessity of protecting crime victims—who are often socially vulnerable—it raises the broader question of whether criminal deposits should be formally recognized as a distinct type of deposit. If further procedural and substantive deviations from general performance deposits are deemed necessary, it may be prudent in the long term to establish a separate legal category for criminal depository funds within the Depository Act.