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Which case will the plaintiff or the defendant be exempted from court fees?

A plaintiff or a defendant who is unable to pay court fees may file an application by motion for exemption of court fees which can be filed to every level of Courts. In accordance with the last paragraph of Section 149 of the Civil and Commercial Code, such motion is exempted from court fees.

The applicant shall file an application by motion with the Court together with his or her plaint, petition of appeal, or answer.

If the Court believes the applicant does not have sufficient assets to pay court fees or, when considering his or her circumstances, the applicant shall have excessive trouble if an application for exempting of the court fees is dismissed, the Court may give an order exempting in whole or only part of court fees. In the case where the applicant is the plaintiff or appellant, the reasonable entry of a plaint or petition of appeal shall be taken into consideration of the Court before giving an order as well.


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