민사소송 인지액에 관한 이론적 분석: 소가 부풀리기 유인을 중심으로

초록

This paper analyzes the court fee system for civil litigation in various aspects. We first survey the court fee system in Korea and compare it with those of other countries. A theoretical model is set up to analyze the effect of the fee system on people’s decision making, especially on the incentive to overreport the value of litigation. Based on the survey and theoretical analyses, we obtain the following policy implications: First, simplifying the fee system has its own virtue but it is not advisable to introduce flat-fee elements just for the sake of simplification. Second, it is not feasible to construct a regressive fee system that deters overreporting of the litigation value and at the same time makes the deterrence effect not too excessive. Third, it is very hard to judge whether the current fee level is optimal; a better approach would be to first determine the nature of the court fee and then revise the fee system accordingly.

키워드