법률비용보험의 현황과 법적 과제

Abstract

Parties often do not pay for litigation expenses with their own money. Most countries have provided mechanisms to allocate the financial risk of civil action among larger groups. They range from traditional legal aid to legal expenses insurance and collective actions. The legal aid systems can be divided into three different types: public legal aid; semi-official legal assistance; and pro bono work. Collective actions play a role in distributing legal costs to a large group of people. This Article focuses on litigation costs insurance. It attracts to the middle class and smaller businesses. It comes in three basic forms: package deal policy; free-standing policy; and after-the-event policy. At the outset, the Article explore the meaning and history of legal costs insurance in Europe and America. Afterwards, the recent development of legal expenses insurance in each jurisdiction is illustrated. Next, the Article deals with the three basic forms of legal expenses insurance mentioned above. Under package-deal insurance policies, the insurer absorbs not only the liability risk but also funds litigation triggered by events covered by the policy. Under free-standing litigation expenses insurance policies, individuals can purchase policies providing them specifically with the protection against the financial risk of a lawsuit. After-the-event insurance is bought after a dispute has occurred and in fact often after a lawsuit has been filed. In the Conclusion, I propose how to promote the legal expenses insurance in Korea.