형사사건 성공보수약정의 사법적 효력에 관한 소고 - 155 - ❙Abstract❙ A Brief Study on the Judicial Effectiveness of Success Fee Agreements in Criminal Cases - Taking the Seoul Central District Court's January 23, 2026, ruling in Case No. 2025na7739 as an opportunity - 77) Kwon, OhSang* Regarding the effect of the success fee agreement on criminal cases, the Supreme Court ruled on July 23, 2015 Da200111 that this agreement was invalid because it violated the public order and morals of Article 103 of the Civil Act. After this ruling, the lower court faithfully followed the Supreme Court case law, and there were not a few critical positions in practice and academia. However, the recent judgment of the Seoul Central District Court on January 23, 2026, sentence 2025 or 7739 sentenced to the Supreme Court's position. Taking the 2025 or 7739 ruling as an opportunity, the effect of the success fee agreement on criminal cases and the legal principles on the regulation of attorney compensation were examined. First of all, the gist and limitations of the Supreme Court's decision on July 23, 2015 Da200111 were examined. The Supreme Court concluded that all criminal case success fee agreements were antisocial, but it is questionable whether specific valid conclusions can be drawn in individual cases, and in particular, it is a problem that the retroactive effect was virtually excluded from the effect of the judgment. On the other hand, the 2025 or 7739 ruling was considered exceptionally invalid only when a criminal case success fee agreement significantly undermines the trust of criminal justice, and confirmed that it contradicts the Supreme Court in issues such as the status of a lawyer and the risks of a criminal case success fee agreement. Since the remuneration agreement between the client and the attorney is a delegation contract, and this is in accordance with the principle of freedom of * Chonnam National University Law School, Associate Professor, Lawyer.
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