Appendix
| Title | Payment Standards for Litigation Expenses(Pursuant to Article 28 (1)) |
|---|
[Table 1] <Amended by Seoul Metropolitan Government Rule No. 3463, Jan. 14, 2016>
Payment Standards for Litigation Expenses
(Pursuant to Article 28 (1))
Classification | Details | Payment Standard | ||
Retainer(won) | Contingency Fee | Common Expenses | ||
Civil Litigation ㆍ Administrative Litigation | 1. Claim A. Interim Injunction B. Other claims -Undefended Cases - Defended Cases 2. Case on its merit (grouped by value under litigation) A. Less than 20 million won B. More than 20 million and less than 50 million won C. More than 50 million and less than 100 million won D. More than 100 million and less than 500 million won E. More than 500 million and less than 1 billion won F. More than 1 billion won
3. Remand trial
A. Re-intermediate appellate trial
B. Re-appellate trial |
1,000,000
200,000 400,000
1,500,000 2,000,000
3,000,000
5,000,000
7,000,000
10,000,000
1/2 of original trial 1/2 of intermediate appellate trial 1/2 of appellate trial | 1. Where the ratio of success is between 50% and 60%, the multiple of the paid retainer by such ratio
2. Where the ratio of success is between 60% and 80%, the multiple of the paid retainer by the ratio, 10% more than such ratio
3. Where the ratio of success is more than 80%, the multiple of the paid retainer by the ratio, 20% more than such ratio
4. Half the amount of the retainer paid in cases of withdrawal, or acknowledgement and recognition of litigation: Provided, That it shall not be paid in cases of a conditional withdrawal.
5. Not paid in the undefended cases | 1. Stamp: Actual expenses
2. Delivery Fee : Actual expenses
3. Examination/Appraisal : Actual expenses
4. Business trip expenses : Travel expenses according to subparagraph 1 of Attached Table 1 of the Provisions on Travel Expenses of Public Officials
5. Other actual expenses |
Judgment under Jurisdiction of the Constitutional Court
| General case 2. Case involving with complex facts or issues or which has an important municipal precident value | 3,000,000 7,000,000 | ||
Criminal Case | 1. Case involving one person 2. Case involving a large number of the parties concerned 3. Case requiring municipal level intervention
| 2,000,000 4,000,000
6,000,000 | 1. Where more than 80% of investigated cases arising from accusations or charges, etc. involved no indiction, the multiple of the paid retainer by the ratio 20% exceeding such ratio 2. Where the case was closed by withdrawal of the other party, half the amount of the paid retainer 3. Where the judgements of acquittal were sentenced in more than 80% of criminal cases, the multiple of the paid retainer by the ratio 20% exceeding such ratio | 1. Business trip expenses : Travel expenses according to subparagraph 1 of Attached Table 1 of the Provisions on Travel Expenses of Public Officials
2. Other actual expenses |
Note) 1. VAT is not included in the retainer and contingency fee, and the litigation expenses of civil litigation where an affiliated public official related to duties is the person concerned shall be those of civil litigation.
2. Regarding the application for finalizing the amount of litigation costs, 1/4 of the litigation costs of other claims shall be paid as litigation costs without an contingency fee, and where the case on its merit was delegated, the litigation expenses shall not be paid.
3. (Special) retainer and (special) contingency fee in important litigation shall be paid pursuant to Article 29 of these Rules.
4. Attorney’s fees, etc. regarding Article 10 (5) shall be paid in the same manner as in administrative litigation cases.