Attorney Fee Arrangements Really Matter in Terms of Access to Justice in Korea

Abstract

Korea is one of the most litigation-prone societies on earth. That does not, however, necessarily mean that the Korean legal system offers easy access to justice. In analyzing access to justice in Korea, the Article mainly focuses on how attorney fee arrangements affect a litigant’s incentive to bring a lawsuit. At the outset, the Article explores the basic rules as to who pays fees and costs in civil litigation. In this regard, the Article discusses the Korean law on whether the loser can be ordered to pay the winner’s attorney fees. Next, the Article delves into the basic mechanism of attorney fee arrangements in Korea. The Article then addresses special issues including success-oriented fees, litigation insurance, and legal aid in terms of attorney fee allocation rules. In the Conclusion, I propose that in the context of civil procedure, the Filing Fees Act be incorporated into the Act on Costs for Civil Procedure, and that Filing Fees Rules and Rules Regarding Attorney Fees be incorporated into the Rules of Costs for Civil Procedure. I also provide some comments on contingency fee arrangements and pro se litigation.