Claim for compensation of criminal defense costs

Compensation for criminal proceedings costs

A person who was brought to criminal trial and acquitted, with the judgment confirmed, may claim compensation from the state for the costs incurred in the trial.

The costs recognized at this time include travel expenses, per diem allowances, lodging expenses, and attorney's fees incurred by the defendant in attending the trial.

Travel expenses and per diem allowances are not paid based on actual expenses, but are paid at pre-determined amounts under the Regulations on Court Official Travel Expenses, multiplied by the number of appearances.

The most problematic part is attorney's fees. Even if a high fee was paid to the attorney, the amount that can be compensated is limited. The court determines the compensation amount considering all circumstances, such as the difficulty of the case, the content of the work performed by the attorney, and the time spent on handling the case. The court compensates attorney's fees up to 2,000,000 Korean won per instance.

Recently, attorney Joo Youngjae claimed compensation for criminal proceedings costs and received a considerable amount. We will introduce this case.

Facts of the case

The client ran a small Japanese restaurant. After business hours, he drank with a woman who came to hang out with an acquaintance, and they hit it off and had sexual relations.

The client called a designated driver in the early morning and sent the woman home. Later that afternoon, he called to check on her, and the woman did not remember well what had happened in the early morning. The client told her that the two had had sexual relations. Some time later, the woman filed a complaint against the client on suspicion of quasi-rape, and he was brought to trial.

Attorney Joo Youngjae defended the client in this case. He argued that the woman claiming injury was not in a state of being unable to resist, and that the client had no intention of quasi-rape, resulting in an acquittal.

In the appeal that followed the prosecutor's appeal, attorney Joo Youngjae also handled the defense and argued for acquittal, ultimately obtaining a dismissal of the appeal.

After the judgment was confirmed, attorney Joo Youngjae, on behalf of the client who had been unjustly tried, claimed compensation for criminal proceedings costs.

Attorney Joo Youngjae's assistance

Attorney Joo Youngjae actively argued that the work performed by the attorney was very difficult, including examining witnesses four times, and that the time spent on handling the case was long, so the attorney's fees should be compensated to the maximum extent possible.

Court's decision

The court accepted attorney Joo Youngjae's arguments. For the first instance, it recognized the maximum amount of 2,000,000 Korean won as attorney's fees. For the appeal instance, it recognized 1,200,000 Korean won, which is three times the base fee.

In the end, the client was compensated a total of 3,569,600 Korean won, including travel expenses, per diem allowances, and attorney's fees.