When should you choose a Civil Attorney?

You are being sued or want to sue someone for breach of contract, personal injury, or property damage You are dealing with an employment dispute — wrongful termination, discrimination, or wage theft You need legal help with a divorce, custody dispute, or estate matter You are a business owner facing commercial litigation, IP infringement, or partnership disputes You need an injunction to stop someone from doing something harmful to you or your business

When should you choose a Criminal Attorney?

You have been charged with a crime or are under criminal investigation You have received a target letter from a federal grand jury or prosecutor You are facing a DUI, drug charge, assault, or any offense where jail time is possible You are under investigation for white-collar crime — fraud, embezzlement, tax evasion Law enforcement has contacted you and asked you to come in for questioning

Comparison

Civil Attorney vs Criminal Attorney

Quick answer

Civil attorneys handle disputes between private parties — contracts, personal injury, employment, property, and family law — where the outcome is typically money damages or an injunction. Criminal attorneys defend individuals accused by the government of crimes, where the stakes include fines, probation, and incarceration. The two practice areas have different rules, procedures, burdens of proof, and required specializations. Hiring the wrong type can mean your case is mishandled from day one.

Key differences

AspectCivil AttorneyCriminal Attorney

Who brings the caseCivil AttorneyA private party (individual, company, or organization) sues another private partyCriminal AttorneyThe government (federal or state prosecutor) charges an individual with violating criminal law

Outcome if you loseCivil AttorneyMoney damages, injunctions, or specific performance — not imprisonmentCriminal AttorneyFines, probation, community service, or incarceration

Burden of proofCivil AttorneyPreponderance of the evidence — more likely than not (51%+)Criminal AttorneyBeyond a reasonable doubt — the highest legal standard

Right to counselCivil AttorneyNo constitutional right to a free attorney — you must hire your ownCriminal Attorney6th Amendment guarantees right to counsel; public defenders available if you can't afford one

Typical case typesCivil AttorneyContract disputes, personal injury, employment discrimination, divorce, property disputes, business litigationCriminal AttorneyDUI, assault, theft, fraud, drug offenses, white-collar crime, homicide

Court processCivil AttorneyCivil procedure — discovery, depositions, motions, trial or settlementCriminal AttorneyCriminal procedure — arraignment, bail, preliminary hearing, plea bargaining, trial

ResolutionCivil AttorneyMost cases settle out of court through negotiation or mediationCriminal AttorneyMost cases resolve through plea bargains; fewer go to trial

When to choose Civil Attorney

You are being sued or want to sue someone for breach of contract, personal injury, or property damage
You are dealing with an employment dispute — wrongful termination, discrimination, or wage theft
You need legal help with a divorce, custody dispute, or estate matter
You are a business owner facing commercial litigation, IP infringement, or partnership disputes
You need an injunction to stop someone from doing something harmful to you or your business

When to choose Criminal Attorney

You have been charged with a crime or are under criminal investigation
You have received a target letter from a federal grand jury or prosecutor
You are facing a DUI, drug charge, assault, or any offense where jail time is possible
You are under investigation for white-collar crime — fraud, embezzlement, tax evasion
Law enforcement has contacted you and asked you to come in for questioning

Which Should You Choose?

The distinction matters enormously — a civil litigator handling a criminal matter, or vice versa, is a serious mismatch. If you are charged with a crime, hire a criminal defense attorney immediately, say nothing to investigators without counsel, and do not assume a civil attorney can help. If you are in a private dispute over money, property, or contracts, a civil attorney is what you need. Some attorneys practice both, but most serious practitioners specialize in one. Always confirm the attorney's specific practice area before retaining them.

Typical cost

Court filing fee (인지액)

₩50,000–₩2,055,000

For claims of ₩10 million to ₩500 million. Under ₩10 million it is 0.5% of the claim; from ₩10 million to under ₩100 million, 0.45% plus ₩5,000; from ₩100 million to under ₩1 billion, 0.4% plus ₩55,000; from ₩1 billion, 0.35% plus ₩555,000. Examples: ₩230,000 for ₩50 million, ₩455,000 for ₩100 million, ₩2,055,000 for ₩500 million.

Appeal and final appeal filing fees

1.5× and 2× the first-instance fee

A notice of appeal pays 1.5 times the first-instance fee and a notice of final appeal to the Supreme Court pays twice. For a ₩100 million claim that is ₩455,000, then ₩682,500 and ₩910,000.

Lawyer's fee the loser can be ordered to repay (per court level)

₩300,000–₩13,400,000+

₩300,000 for a claim up to ₩3 million, ₩2 million for ₩20 million, ₩4.4 million for ₩50 million, ₩7.4 million for ₩100 million and ₩13.4 million for ₩500 million. This is a reimbursement ceiling, not a lawyer's price: it cannot exceed what the winner paid, and it is halved when the defendant admits the whole claim or does not contest.

Your own lawyer's fee

Set by contract

There is no official fee schedule. Ask for a written agreement that says what is included, such as each court level and any success fee.

See full pricing breakdown →