변호사의 보수에 관한 고찰

Abstract

Attorneys are responsible to protect citizens' life and body or property as judges and prosecutors do. However, attorneys are to be paid by their clients and to perform their duties in response to their clients' interests using their legal knowledge. With respect to the attorneys receiving consideration by providing intangible services such as professional skills on litigations, etc. they have characteristics that are quite similar to merchants who run their own business. Attorneys are legal professionals of whom they are required to maintain the public benefit, which there jobs are not business. Hence, attorneys cannot work for the purpose of their own profits. Attorney-at-law fee also cannot transacted in response to the expected return. Thus, attorney-at-law fee shall not be overcharged, and it cannot be received for the purpose of accumulating wealth. Correlation between attorney and client is stated on the delegation contract. There are many reasons that it cannot be used in correlations between attorneys and clients based on provisions of delegation contracts on the Civil Act. In specific, it is the provision on remuneration of mandatories. Attorney-at-law fee is the consideration that a client pays to his/her attorney in the consequences of delegated contracts. Tangibles such as the real estate can be determined by the mutual agreement regardless of the monetary costs. Mandatories are not authorized to charge the delegating person according to the delegation contract in principle(Civil Act 686(1)). However, even though there is no particular agreement that has been literally agreed between the attorney and the client regarding the payment of attorney-at-law fee, the attorney understands that the attorney has the right of a claim of remuneration since there seems to be an implied agreement. The rule of Korean Bar Association establishes on attorney-at-law fees. ① Attorney, law firms, law firms (limited liability), attorneys' union shall provide remuneration of work, case and compensation for actual expenses (The rule, 44(1)). ② Work remuneration can be classified as consultation fee, appraisal fee, fee for preparing documents and advising fee, ③ case remuneration can be classified as advance payment and the payment for wins a lawsuit by type of the cases, ④ compensation for actual expenses can be classified as delegated work and processing costs and traveling costs, etc. (The Rule of Korean Bar Association, 44(2)).