법조 제75권 제3호(통권 제777호) 연구논문 - 156 - contract, Article 103 of the Civil Code must be strictly applied. Contrary to the Supreme Court's arguments, there is a lack of grounds to believe that the success fee agreement in criminal cases itself causes judicial distrust, and when applying Article 103 of the Civil Code, the legal relationship is complicated by the issue of illegal cause benefit under Article 746 of the Civil Code. As a way to adjust excessive success remuneration, the reduction of remuneration should be recognized through the principle of good faith, and the excessive remuneration should be returned to the client. In addition, legislatively, the Lawyers Act proposed an explicit provision for requesting a reduction in excessive remuneration or the return of pre-paid excessive remuneration, and a plan to consider autonomous regulation of lawyers' organizations.
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