소비자단체소송제도의 발전적 확대방안 -집단적 소비자피해의 구제를 위한 소송제도의 정비

Abstract

This paper is intended to present specific measures to introduce the “consumer organization-type class action system.” The consumer organization-type class action system is a system model that allows the plaintiff consumer organization, etc. to file a lawsuit for collective redress in addition to a lawsuit for injunction for consumers. The consumer organization-type class action system proposed in this paper differs from the existing system models or legislative bills in terms of the following. First, it expands the existing system of consumer organization litigation through a partial revision of the Framework Act on Consumers as a legislative method for introducing the consumer class action system. Thus, the plaintiff of the expanded consumer organization litigation system retains the existing four types of the qualified organizations. Second, in order to ensure the effectiveness of a lawsuit for injunction, a “preventive claim” and “request for necessary measures” are added to a claim for suspension or prohibition of illegal acts. Third, a qualified organization may file a lawsuit for collective redress in addition to a lawsuit for injunction. The claim for collective redress includes a claim for return of unjust enrichment and a claim for contractual performance in addition to a claim for damages. Fourth, the existing litigation permit system is abolished. In the consumer organization litigation system, the class certification process is not necessary because eligible organizations perform lawsuits. This measure applies to both a lawsuit for injunction and a lawsuit for collective redress. Fifth, in order to overcome the problems of litigation performance, such as the strict application of the principle of the burden of proof and the method of evidence investigation under the Civil Procedure Act, the information submission order system is newly established as a special provision of the document submission order system under the Civil Procedure Act. Sixth, if the victim reports (opt-in) his claim when the lawsuit for collective redress becomes final and conclusive, the extinctive prescription shall be deemed to have been suspended at the time the lawsuit for collective redress is filed. Afterwards, the rights of the victims will be realized through the rights execution and distribution procedures by the plaintiff.