COSTS OF CIVIL PROCEDURE ACT
Act No. 336, Sep. 9, 1954
Amended by Act No. 1117, Jul. 31, 1962
Act No. 2201, jun. 18, 1970
Act No. 5454, Dec. 13, 1997
Act No. 6629, Jan. 26, 2002
Act No. 11551, Dec. 18, 2012
| Article 1 (Purpose of Civil Litigation Costs) |
Civil litigation costs provided for in the Civil Procedure Act shall be the costs within the limit necessary for litigation activities and shall be calculated pursuant to several provisions herein.
| Article 2 (Value of Revenue Stamps) |
| Article 3 (Scribing Fees, etc.) |
Scribing fees for documents necessary for litigation, such as a statement of claim, and fees for preparing drawings shall be based on the amount prescribed by Supreme Court Rules.
| Article 4 (Daily Allowances, Travel Expenses, etc. for Witnesses, Appraisers, etc.) |
A daily allowance for a party to litigation, a witness, an expert witness, an interpreter and a translator shall be within 70 won a day, travel expenses shall be paid according to the carfare or passenger ship fare of second class or lower, within 4,500 won for travel on land, other than by railroad, and accommodation expenses shall be fixed by the court or an entrusted judge within 240 won a day. <Amended by Act No. 1117, Jul. 31, 1962>
| Article 5 (Daily Allowances and Travel Expenses for Judges, etc.) |
| (1) | A daily allowance and accommodation expenses incurred for judges' and court clerks' investigation into evidence shall be based on actual expenses incurred. |
| (2) | The actual expenses referred to in paragraph (1) and matters necessary for the reimbursement thereof shall be prescribed by Supreme Court Rules. |
[This Article Wholly Amended by Act No. 2201, Jun. 18, 1970]
| Article 6 (Special Charges for Appraisal, etc.) |
Special charges for appraisal, interpretation, translation and land surveying shall be based on the fixed amount by the court.
| Article 7 (Communications Expenses) |
Expenses incurred for communications and transportation shall be based on actual expenses incurred.
| Article 8 (Public Announcement Expenses) |
Expenses incurred for in making public announcements in the official gazette and newspapers shall be based on the scheduled amount.
| Article 9 (Other Expenses) |
Expenses not prescribed by this Act shall be based on actual expenses incurred.
| Article 10 (Expenses for Compulsory Execution and Lodged Cases) |
| (1) | Expenses for compulsory execution and lodged cases shall be calculated by applying the aforementioned several provisions. |
| (2) | If a custodian or manager has been appointed for compulsory execution or a lodged case, expenses incurred therein shall be as prescribed by Supreme Court Rules. |
| Article 10-2 (Expenses for Depositing Third Debtors) |
| (1) | A third debtor who has deposited the amount of debt as prescribed in Article 248 of the Civil Execution Act may request the court to pay expenses incurred in depositing an amount equivalent to the part on which seizure has an effect and the expenses incurred in submitting a deposit report under paragraph (4) of the same Article. |
| (3) | Expenses prescribed in paragraph (1) shall be paid with the part of the deposit on which seizure has effect. |
| (4) | Detailed standards for calculating expenses prescribed in paragraph (1) and procedures for payment shall be prescribed by Supreme Court Rules. |
[This Article Newly Inserted by Act No. 6629, Jan. 26, 2002]
| Article 11 (Reimbursement of Expenses) |
Daily allowances, travel and accommodation expenses for witnesses, appraisers, interpreters and translators and other expenses incurred shall be reimbursed by the court upon request.
| Article 12 (Collection of Expenses) |
| (1) | If the court reimburses expenses which a party has failed to prepay, it shall collect such expenses from the party who has failed to prepay it in accordance with the ruling rendered by the court of first instance which has accepted the lawsuit, or from a party who has defrayed the expenses in accordance with the judgment. This ruling shall have the same effect as that of the title of obligation with execution power. |
| Article 13 (Service Charges for Execution Officers) |
Service charges for execution officers shall be based on the amount prescribed by Supreme Court Rules. <Amended by Act No. 5454, Dec. 13, 1997>
ADDENDA
Article 14 (Enforcement Date)
This Act shall enter into force on September 1, 4287 in the Dangun era.
Article 15
Acts and subordinate statutes concerning civil litigation costs effective before this Act enters into force are hereby repealed.
Article 16
The expenses incurred for litigation procedures before this Act enters into force shall be governed by the previous Act.
Article 17
The maximum amount of daily allowances, travel expenses other than by railroad and accommodation expenses for parties, witnesses, appraisers, interpreters and translators may be increased or decreased by Supreme Court Rules following changes in the economic condition.
ADDENDUM <Act No. 1117. Jul. 31, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2201, Jun. 18, 1970>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 6629, Jan. 26, 2002>
This Act shall enter into force on July 1, 2002.
ADDENDA <Act No. 11551, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.