미국 민사소송에서 소송비용의 재판에 대한 불복방법

Despite costs shall be allowed to the prevailing party in principle, the court is vested with the discretion in awarding costs in some exceptional cases. However, it is prohibited to appeal from the judgment that regards costs only under the Civil Procedure Act of Korea, implying there are no methods to control the discretion of the court with regard to costs, while it may matter to parties. While the provision that denies the appealability of decisions regarding costs only has been attacked, its legitimacy has been confirmed by the two highest courts in Korea, the Supreme Court and the Constitutional Court. Nonetheless, it would be desirable to consider the way to respect the right to appeal of parties, while securing the efficiency of the Judiciary. This paper employed a comparative methodology in studying the provision: The appealability of decisions regarding costs only in the U.S. courts has been researched to detect any implication to our system. Based on the comparison of the costs appealing system of Korea and the U.S., this paper makes some suggestions to promote the right to appeal, as well as the efficiency of the Judiciary.