소비자분쟁조정제도 전문화 및 활성화 방안

Abstract

In general, when a legal dispute arises between parties of a transaction, a traditional dispute resolution method is litigation in court. However, there are also alternative dispute resolutions(ADRs) such as counsel, negotiation, reconciliation, mediation, arbitration. Consumer disputes are characterized as “small amount of damages and a large number of victims.” In order to litigate consumer disputes, victim-consumers should be equipped with expertise in litigation, and it takes an excessive amount of time and costs, which are burdensome to victims. In consumer disputes, accordingly, in order to protect consumers, ADRs have been actively introduced and used. ADRs can provide a potential solution based on mutual concession, and thus, disputes can be resolved in a more flexible manner. In ADRs, in addition, decisions can be made based on expertise, since experts in specific dispute areas participate in the process. In addition, ADRs cause relatively low costs. For these reasons, in consumer disputes, ADRs were introduced earlier and more actively. As of July 2017, it took 30 years to establish the committee for consumer dispute resolutions, and in general the committee has generally received a positive evaluation in the sense that the committee has experienced many cases and effectively resolved consumer disputes. On the other hand, there is also criticism against the committee because the committee has not properly reflected policy in dispute resolutions. In addition, as more diverse products and services have emerged in a market with the development of new industries, dispute resolution cases increased at a fast pace. This fast pace is reinforced, as consumers have a sense of right. Accordingly, it is necessary to examine the current state of consumer the dispute resolution system and to discuss how to improve the system and enhance the expertise in the system. In addition, it is necessary to consider more extensive services for local consumer disputes. Moreover, in order to evaluate whether consumer disputes are resolved in a fair and efficient manner, it is also necessary to examine in a holistic way the roles and performance of a variety of committees in other government agencies.