인지제도 및 실무 개선방안에 관한 연구 = Study on Improvement Measures for the Filing Fee System and Related Practices

다국어 초록 (Multilingual Abstract)

Paying a filing fee for using a court for litigation is the first obligation that is imposed by the court on anyone filing a lawsuit. Since filing fees are one of the first things people consider when evaluating court costs and since they affect the ability of people to exercise their right to a trial, as guaranteed by the Constitution, it is important to create policies that ensure that filing fees can properly fulfill their role of helping cover judicial fees and prevent abusive litigation.
This study categorizes the filing fee system into several areas to identify area-specific problems and suggests solutions that focus on the area-specific functionalities of filing fees.
Above all, this study: suggests a plan that defines the basic functionality of filing fees as ‘payment’; considers the problems associated with the litigation price sliding system; proposes a per-case or per-jurisdiction fixed price system as an alternative; and suggests a pilot launch of a fixed priced system for cases that fall under the Trial of Small Claims Act. In addition, this study examines the roles of the filing fee system to improve preservation disposition procedures and presents arguments for the official introduction of a price sliding system for litigation. Also, this study discusses and proposes solutions to the problems associated with the indiscreet introduction of a tax base, such as for land/asset appraisal, as a basis for taxation and real estate polices (used for the calculation of litigation filing fees) into the trial system, which is marked by disparate domains.
In this study, a review is also conducted to analyze whether the government should be exempted from paying filing fees that it would otherwise be required to pay. This study al so examines and recommends case dismissals and closures as reasons for refund of filing fees, as a means of implementing a system that fulfills the intended functionalities of filing fees as covering charges associated with the use of judicial services.
Additionally, this study discusses and presents suggestions to improve the fee policy adopted when electronic litigation (for which discounted filing fees apply) was introduced, and suggests that the value of automated court services be recalculated before the electronic litigation system is in full operation.
As a supplementary discussion, a vexatious litigant list management system is proposed as a measure to prevent nonpayment of filling fees and abusive litigation for unjust purposes. The proposed system seeks to ensure the efficient investment of judicial resources to contribute to the further development of the judicial environment, so that people’s right to a trial, as guaranteed by the Constitution, can be properly exercised.
It is hoped that this study, which highlights the problems of the current filing fee system, can help guarantee people’s right to a fair trial and improve the overall credibility of the courts.