Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Contingent fee
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
===South Korea=== Contingent fees or "success fees" ({{lang|ko|์ฑ๊ณต๋ณด์๊ธ}}) are a widespread practice in South Korea. Until 2015, they were used in both criminal and civil litigation.<ref name="rattleban">{{Cite web|work=Korea Herald|title=Ban on lawyer 'success fees' rattles legal circles|url=http://www.koreaherald.com/view.php?ud=20150728000996|date=2015-07-28}}</ref> In some civil cases, courts have rejected fees exceeding 10% of the award as [[unjust enrichment]] of the attorney, requiring the attorney to refund the excess to the client.<ref>{{Cite web|url=http://www.jjan.kr/news/articleView.html?idxno=20507|title=๊ณผ๋คํ ๋ณํธ์ฌ ์ฑ๊ณต๋ณด์๊ธ์ ๋ถ๋น์ด๋|author=Byung Ki Wee|work=Jeonbuk Ilbo|date=2000-10-15|language=ko}}</ref> On July 23, 2015, the [[Supreme Court of Korea]] ruled that contingent fee agreements for criminal representation were void as against public policy, under Article 103 of the Civil Act of South Korea.<ref>Supreme Court of Korea, 2015da200111, 2015-07-23.</ref> The judgment was unanimous, with four justices concurring separately.<ref>{{Cite web|url=http://www.scourt.go.kr/supreme/news/NewsViewAction2.work?currentPage=1&searchWord=&searchOption=&seqnum=4910&gubun=4|title=[๋๋ฒ์ 2015. 7. 23. ์ ๊ณ ์ ์ํฉ์์ฒด ํ๊ฒฐ]ํ์ฌ์ฌ๊ฑด์ ๊ดํ์ฌ ์ฒด๊ฒฐ๋ ๋ณํธ์ฌ ์ฑ๊ณต๋ณด์์ฝ์ ์ ํจ๋ ฅ|publisher=Supreme Court of Korea|date=2015-07-23|access-date=2015-07-28|language=ko}}</ref> The decision provoked widespread outcry from criminal defense lawyers, particularly former judges and prosecutors who had been able to charge very high success fees due to clients' belief that their connections could help them win the case.<ref name="rattleban"/>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)