In July 2013, the Supreme Court announced a proposed amendment to the Rules of Civil Mediation, which lowers the civil mediation application fee by charging a fixed amount of 5,000 Korean Won regardless of the claim amount, in order to encourage dispute resolution through civil mediation. The amended Rules of Civil Mediation will become effective once approved by the conference of Supreme Court Justices. Under the current Rules of Civil Mediation, an applicant for civil mediation is charged 1/5 of the amount of stamp duty levied on a civil case. Under the amended Rules of Civil Meditation, however, the lower of (i) 5,000 Korean Won or (ii) 1/5 of the amount of stamp duty levied on a civil case will be charged for an application for civil mediation (Article 3(1) of the proposed amended Rules of Civil Mediation).
Please note that in any of the following events, a civil suit is deemed to have been instituted at the time of the application for civil mediation, and as such, the applicant for civil mediation is required to additionally pay the amount of the stamp duty payable at the filing of the civil suit less the amount of the application fee paid for the civil mediation at the time of application: (i) a decision not to mediate the case is rendered, (ii) the mediation is concluded without resolution of the dispute; or (iii) an appeal is made from a decision rendered in lieu of the mediation (Article 36(2) of the Civil Mediation Act).
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