Jin & Kim, PLC | Legal Blog
This is the official blog of Jin & Kim, PLC, an international law firm with Korean and U.S.-licensed attorneys in Busan and California, advising foreign companies and individuals on legal matters throughout Korea and Korea-related international matters.
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Short Answer
Partially. In Korea, the losing party may be required to reimburse a portion of the winning party’s legal fees, but not the full amount actually paid.
Recoverable attorney’s fees are determined under court-prescribed guidelines, within the amount actually paid or payable, and may be subject to limited judicial adjustment.
Are Legal Fees Fully Recoverable?
No. Korean law does not generally allow full recovery of legal fees.
- Courts award litigation costs, not actual legal fees
- Attorney’s fees are recognized only within statutory limits
- The recoverable amount is typically lower than the actual fees incurred
Accordingly, even if you win the case, full reimbursement of legal expenses should not be expected.
What Costs Can Be Recovered?
A successful party may recover certain litigation costs, including:
- Court filing fees
- Service (delivery) costs
- Attorney’s fees (within statutory limits)
Among these, attorney’s fees are often the most significant component, but they are subject to structured limitations.
How Are Attorney’s Fees Calculated?
Recoverable attorney’s fees are determined based on:
- The amount in dispute (claim value)
- Court regulations setting maximum recoverable amounts
In practice:
- The recoverable amount is calculated according to a statutory schedule
- It is capped at the amount actually paid or payable
- The court may adjust the amount in exceptional cases
This means that the recoverable amount is not simply the agreed legal fee, but a regulated figure within defined limits.
How Are Litigation Costs Determined?
In Korea, courts typically determine:
- Which party bears the litigation costs in the judgment
However:
- The specific amount of recoverable costs, including attorney’s fees, is determined later through a separate court procedure after the judgment
This procedural structure is an important feature of the Korean system and differs from jurisdictions where costs are determined automatically.
What Happens If You Win Only Part of the Case?
If a party prevails only partially:
- Litigation costs are typically allocated proportionally
- The court may determine a different allocation depending on the circumstances
As a result, the recoverable amount may be further reduced.
Can Legal Fees Be Recovered Outside Litigation?
In principle, legal fees are not recoverable as damages.
- In tort claims, courts generally do not recognize attorney’s fees as recoverable damages
- In contractual claims, recovery may be possible in limited circumstances
For example:
- Where legal representation is exceptionally necessary
- Where a contract expressly provides for legal fee recovery
However:
- Such recovery is not automatic
- Contractual provisions may be subject to judicial reduction if deemed excessive
Practical Considerations for Foreign Clients
If you are considering litigation in Korea:
- Do not assume that legal fees will be fully recoverable
- Evaluate the case based on net recovery, not just the claim amount
- Understand that cost recovery involves a separate court procedure after judgment
For foreign clients, documentation may include:
- Contracts and supporting evidence
- Power of Attorney and corporate documents
- Documents that may require notarization and apostille, or consular legalization (for non-Apostille jurisdictions) depending on the jurisdiction
In cities such as Busan, where many cross-border commercial disputes arise, this issue is particularly relevant.
Conclusion
In Korea, legal fees are only partially recoverable, and the amount is determined within court-prescribed limits and actual payment boundaries, subject to limited judicial discretion.
Accordingly, litigation strategy should be based on a realistic assessment of cost recovery, procedural structure, and overall economic outcome, rather than the expectation of full reimbursement.
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