위임계약의 해지와 불법원인급여의 고찰 - 변호사보수와 관련하여 -

It is necessary to block the return of attorney’s fees to clients who seek illegal profits even though the delegation is terminated. Because it is in order to prevent the harmful effects of unfair litigation, such as litigation fraud, and to protect rights promptly and to maintain legal order. The study reviewed the illegal cause payment and summarized the research results as it follows. First, if the client's argument is valid, the attorney is obligated to plead fairly and faithfully in accordance with the relevant laws. However, if you recognize an obligation to follow the instructions of a client to an attorney who handles delegated affairs with bona fide in according to the original purpose of delegation, it would be unreasonable because it contradicts Attorney-at- law Act which is stipulating the public nature and independence of lawyer's work. If the client intends to file an unfair complaint, the attorney's obligation is limited in claiming and applying for evidence. If it is illegal enough to be a lawsuit fraud, it is appropriate for the attorney to resign immediately. If it is ambiguous to judge, there is no choice but to plead until the judgment is sentenced. Second, even if the client requests a return of unjust enrichment from the attorney due to rescission of the delegation contract, the claim should be dismissed if it is proven as an illegal cause payment. Third, e ven if it is not a lawsuit fraud, the attorney should not be obligated to plead the client's illegal claim or claim contrary to social norms. And even if he/she does not plead it or rejects the client's excessive demand, he/she should not be liable for damages by that alone.