소비자기본법상 단체소송 - 필요적 조치, 보전처분의 필요성과 한국소비자원의 단체소송 -

Abstract

The use of the consumer organization lawsuit system has been low. Although the consumer organization lawsuit system was introduced in 2006, only eight cases have been filed so far, including “T-money card Refund refusal case”, “Korea Electric Power Corporation’s progressive tax case”, and “Hotels.com withdrawal of subscription case.” In line with the purpose of the revision of the Framework Act on Consumers, which allows the Korea Consumer Agency to make claims, such as an injunction to protect the collective interests of consumers, the Korea Consumer Agency should actively exert its authority. Information on consumer disputes is bound to be concentrated in the Korea Consumer Agency, and the Korea Consumer Agency is not subject to resource constraints such as budget like consumer organizations. Claims of the Framework Act on Consumers, such as an injunction, etc., include claims for incidental measures essential for the effectiveness of claims such as an injunction, and such claims cannot be exercised only by litigation. When exercising a claim for an injunction, etc., it is sufficient to specify an infringement of the consumer rights and interests of a business operator subject to the claim, and it is not necessary or desirable to specify individual specific measures to correct the act. Furthermore, when the business operator intends to resolve the dispute amicably, various corrective measures may be presented to reach an agreement or settlement, and they can be used as the interests of individual consumers. The Constitution of the Republic of Korea guarantees the collective interests of consumers, such as the guarantee of consumer protection movements, beyond individual consumer rights. Furthermore, infringement of consumer rights and interests is an act that harms the fair market competition order and is considered to harm competitors of the business operator. Therefore, from the perspective of the Fair Trade Commission, it would be desirable to actively exercise a right of claim, such as an injunction of the Korean Consumer Agency. This will be an interpretation and application consistent with the legislator's change of the purpose of the Consumer Protection Act from consumer protection to the development of the national economy through the promotion of consumer rights and interests and improvement of consumption life level as a market economic entity.