집단소송법의 제정방향 - 한국형 집단소송제도의 설계 -

Abstract

I think that the reason why the law of class action or collective redress has not been enacted until now is because there is strong opposition logic of the industry, but on the other hand, I think the problem that system design itself, which does not fit our legal situation, was not connected with the power to drive legislation was also the reason. We can not get a strong driver to pursue legislation by discussing institutional design based only on US Class Action Act (for example, discussing the expansion of the “Securities-Related Class Action Act” enacted by reference to the US Class Action Act into other trading areas). However, since 2000, various types of Class Action Act have been introduced worldwide, but it is hard to find a country that adopts the American model system as it is. The purpose of this paper is, based on this point, to firstly extract factors that determine the institutional model of class action, and then typify some national institutional models, and after summarizing the problems of the American model system, which has most of the discussion for legislation in Korea, finally design a class action system suitable for Korea. As a result of the review, it is concluded that the “two-stage class action model system” is the most appropriate for the Korean model system, which at first stage grants the plaintiffs of the class action lawsuits to the consumer groups, which are the plaintiffs of the consumer group lawsuit by the "Framework Act on Consumers”, and the victim consumer participate in (opt-in) the second stage lawsuit if the plaintiff prevails. In the future, we will expect specific discussions on the introduction of the consumer class action system.