辯護士報酬의 現代的 課題

• 영문명: Modern Thesis of Attorney Fee
• 발행기관: 한국부패학회
• 저자명: 배성호(Bae, Sung Ho)
• 간행물 정보: 『한국부패학회보』제11권 제1호, 23~44쪽, 전체 22쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2006.03.30

영문 초록

Unless violating the good morals and manners as well as other social order, the agreement of attorney fee may be freely concluded at the sole discretion of the parties. The issue of excessive attorney fee could be efficiently solved by adopting market principle through basic increment of number of attorneys, thereby preventing monopolistic and oligopolistic price which has prevailed in the market for the benefit of supplier. In the criminal case, the special contract of success fee for attorney should be regarded as invalid in principle. This is because attorney, as an independent judicial institution, should not be affected by factors other than fair performance of the assigned case. Thus, he should be independent from the client and his profit. In this sense, the special contract of success fee shall inevitably infringe such independence of attorney. Meanwhile, in the civil case where success fee for attorney may be actually recognized, it could be recognized in principle, but within reasonable extent. Especially, the special contract of success fee on the family affairs among civil cases is likely to unfairly instigate divorce or separation as well as hinder the reconciliation between the parties. Furthermore, the money to support spouse or children could be unfairly transferred to attorney. Thus, it is required to prohibit the special contract of success fee as well as its judicial effect.

목차

Ⅰ. 序說

Ⅱ. 辯護士의 地位

Ⅲ. 辯護士의 報酬 一般

Ⅳ. 辯護士의 成功報酬 特約의 有效性 및 그 許容範圍

Ⅴ. 結論에 갈음하여

참 고 문 헌

키워드

변호사 변호사 보수 성공보수 변호사윤리 변호과오소송 신의성실의 원칙 선량한 풍속 기타 사회질서 불공정한 법률행위