CONTENTS
- 1. Criminal Litigation Costs | A Structural Change in Which ‘Record Costs’ Disappear
- - The Cost Burden That Most Frequently Arose in Criminal Litigation
- 2. Criminal Litigation Costs | Principal Contents of the Amendment
- - Not a Matter of ‘Cost’ but of ‘Rights’
- 3. Criminal Litigation Costs | Impact on Criminal Litigation Practice
- - ‘A Small but Important Turning Point’
1. Criminal Litigation Costs | A Structural Change in Which ‘Record Costs’ Disappear
Criminal litigation costs include not only attorney retainer fees but also the costs of inspecting and copying case records, the costs of securing evidence and obtaining appraisals, and various procedural costs, and they are characterized by a continuous cost burden that arises throughout the progress of a case.
On March 26, 2026, the Ministry of Justice gave advance notice of a partial amendment to the “Rules on the Methods of and Fees for Inspecting and Copying Case Records,” and it is pursuing a policy that fully waives the fees for inspecting and copying case records that had been incurred during criminal trials.
The amendment is scheduled to take effect on May 1, 2026, and through it, criminal procedural costs amounting to approximately KRW 1.8 billion per year, reaching about 180,000 cases, are expected to be waived.
This institutional reform is not a measure that directly lowers criminal litigation costs as a whole, but in that it removes the ‘cost of securing records’ that had repeatedly arisen during trial, it is expected to bring a change that significantly reduces the burden felt by parties.
In particular, considering that securing case records is a key part of preparing for oral argument, this measure can be viewed as a policy that changes the accessibility and the very structure of criminal procedure.
The Cost Burden That Most Frequently Arose in Criminal Litigation
In a criminal trial, inspecting and copying case records is an essential procedure for both the defendant and the victim.
For the defendant, securing case records is indispensable for analyzing the charges, reviewing the lawfulness of evidence, and formulating an oral-argument strategy, and for the victim as well, access to the records must be a precondition for grasping the progress of the trial, submitting opinions, and responding to matters related to recovery from harm.
Nevertheless, the prior cost structure applied charges such as KRW 500 per case, KRW 50 per page of a document, and KRW 250 to 300 for printing digital evidence.
The problem is that, given the nature of criminal cases, there are many instances in which records ranging from dozens to hundreds of pages must be secured, so this item continuously accumulates within the actual criminal litigation costs.
In particular, a structure in which the cost of securing records increases as a case becomes more complex has operated as a factor restricting access to information itself.
2. Criminal Litigation Costs | Principal Contents of the Amendment
The fee waiver for inspecting and copying case records and its scope of application are as follows.
1. Full Waiver of Fees
The core of this amendment is that, when the defendant, the victim, or defense counsel applies to inspect or copy case records held by the prosecution after the institution of public prosecution, the fees are fully waived .
This is a measure that structurally removes an item that had repeatedly arisen among criminal litigation costs, and it has the effect of lowering the barrier to access to information.
2. Scope of Application
However, it does not apply at every stage, and it is limited to the following scope.
- After the institution of public prosecution
- The stage before submission of evidence to the court
- Records held by the prosecution
This can be viewed as a design intended to strengthen the guarantee of the right of defense at the early stage of criminal procedure while maintaining balance with existing procedures at the trial stage.
3. Provisions to Prevent Abuse
Along with the expansion of the system, where there is an abuse of rights, such as repeated applications, fees may exceptionally be imposed.
This is a mechanism that takes into account the balance between expanding the guarantee of rights and the administrative burden.
Not a Matter of ‘Cost’ but of ‘Rights’
This amendment is, in essence, closer to a question of how to guarantee the right of access to information in criminal procedure.
First, the defendant's right of defense is substantively exercised through access to case records.
Under a structure in which access to records is restricted, the right of defense exists only in form.
Second, the victim's right to participate in trial proceedings likewise presupposes securing sufficient information about the case.
Third, the Ministry of Justice takes the view that the right to inspect and copy case records is closely connected to the constitutional right to a trial and the right to a speedy trial.
Accordingly, this amendment is assessed as a measure that goes beyond the issue of cost and reorganizes the fundamental-rights structure of criminal procedure.
3. Criminal Litigation Costs | Impact on Criminal Litigation Practice
This change is expected to have a considerable impact on criminal litigation practice as well.
1. Advancement of Oral-Argument Strategy
As the burden of securing records decreases, the scope of defense counsel's analysis may expand, and more refined strategy formulation may become possible.
This may operate in a direction that raises the qualitative level of trials.
2. Expansion of Victim Participation
As victims' access to records improves, their participation in the trial process may take place more actively.
This is also connected to the trend in which criminal trials gradually shift from a state-centered structure toward one centered on the participation of the parties.
3. Increased Burden on Investigative Agencies
Owing to the increase in applications to inspect and copy records, the workload of the prosecution and investigative agencies may increase, and accordingly, the need to digitize record management is likely to grow even greater.
4. Reinforcement of the Importance of Early Response
The most important change is that the importance of the early investigation stage grows even greater.
This is because, under a structure in which case records are readily secured, initial statements, materials, and evidence are more likely to be reviewed as they stand at trial.
This is a factor that greatly heightens the importance of an early-response strategy, not only in individual cases but also in corporate cases.
‘A Small but Important Turning Point’
This policy of waiving the fees for inspecting and copying case records is not a measure that greatly lowers criminal litigation costs as a whole, but by removing the costs that had repeatedly arisen during the trial process, it brings a substantive effect of easing the burden.
Above all, the important point is that this amendment may serve as a starting point that changes not merely as a cost policy but the very structure of access to information and the manner of guaranteeing rights in criminal procedure.
Going forward, it is likely to lead to discussions of further institutional improvements, such as the provision of digital records and the expansion of the scope of inspection, and continuous monitoring of these developments is needed.
Daeryun Law Firm LLP provides systematic support throughout the entire process, from early response to a case through formulating trial strategy, analyzing evidence, and conducting oral argument, by means of a collaborative system centered on attorneys handling criminal matters and the Digital Forensics Center.
In addition, it continuously analyzes policy and legislative trends related to recent changes in criminal procedure and presents response strategies suited to the client.
If you need an accurate understanding of criminal litigation costs and procedures, or if you need a strategic response regarding a case currently in progress, please confirm a more specific direction through 🔗a criminal attorney legal consultation reservation.
The sooner the early response, the wider the options, and the outcome may differ.
