소송비용의 부담에 관한 약간의 검토

Litigation costs consist of court costs(fees and disbursements) and out-of-court costs(parties’ costs) as well as lawyers’ fees. Plaintiffs must advance court costs. The court fee payable depends on the initial value of the claim. For instance the court fees for a claim of 50,000,000 won are amounting to 225,000 won. The general rule in the Korean civil procedure system is that the unsuccessful party to a court action will be ordered to pay the costs of the successful party; in other words, whoever loses the case is required to pay its own costs and the costs of the other side. The situation contrasts with that in the U.S. where legal fees may be sought only if the parties agree by contract before the litigation, or if some special act or statute allows the successful party to seek such fees, the American rule. Unlike the American Rule of Costs, Korean law generally requires the loser to reimburse the winner for court costs and attorney fees up to the statutory limit. Every final judgement must contain a decision on the costs of the proceedings. The court has discretion as to whether costs are payable by one party to another. It is sometimes pointed out that litigation cost hinders access to justice by increasing the risks of litigation, both by setting up the risk of having to pay both parties’ costs in the event of losing. This paper reviews the rules and principles governing the costs of civil litigation. This is a preliminary report on suggestions to promote access to justice at proportionate cost.