소비자단체소송에서의 소송허가제도에 관한 고찰

Abstract

The Framework Act on Consumers(hereinafter FAC) introduced 'Consumer Association Lawsuit' pursuant to which qualified consumer organizations have a right of injunction against infringement on consumer's rights and interests against enterprisers. Under Lawsuit Permission System of FAC, the court determines whether a certain Consumer Association Lawsuit may be commenced based upon the public policy as well as whether a certain association is qualified to bring the action. However, even though the 'Lawsuit Permission System' may have justification of preventing the abuse of right of action, it may violate the qualified association's right of action as well as run against the basic rationale of the right of injunction in the sense that a qualified association for lawsuit has a right of action and a right of injunction as a matter of law. In addition to the right of action, Consumer Association Lawsuit also provides the protection of consumers against enterprisers' infringement of consumer rights by way of 'Prior Consultation' before legal action. However, under the current 'Lawsuit Permission System,' whether a certain consumer association is qualified for a legal action is supposed to be determined by a court after the action is commenced by considering the worth of the action in terms of public policy. As a result, the Prior Consultation's could not function as efficiently as envisioned when the court has not made a decision on the qualification of the consumer association and the value of the action in terms of public policy. In this sense, Lawsuit Permission System does not serve the purpose of the Consumer Association Lawsuit. Besides, in view of the fact that the possibility of the abuse of right of action is not supported by a solid factual basis, Lawsuit Permission System must be reconsidered.