소비자분쟁조정제도의 현황과 과제

Abstract

Consumer complaints and damages that appear in the course used of goods and services is rapidly increasing every year. Alternative Dispute Resolution(ADR) system was introduced in order to relieve consumer damage efficiently. ADR induces voluntary participation of the parties to the dispute, rapid and simple, flexible, and more reasonable dispute in accordance with the procedures. Typically the type of ADR settlement, conciliation, mediation, arbitration are being utilized. Mediation system is widely used to solve the consumer damage. The Korea Consumer Agency operates the consumer counseling and the Consumer Dispute Resolution Committee to smoothly disputes between consumers and providers. Consumer Dispute Resolution Committee is being operated Framework Act on Consumers and its enforcement ordinance, consumers dispute settlement regulations, Civil Conciliation Act. Framework Act on Consumers is enacted in 1980, currently it has a history of 35 years. This law is a total of 16 amendment, it has been developed for the consumer rights protection. But consumer dispute settlement system on the Framework Act on Consumers is not work well in reliving the consumer damage. Therefore consumer dispute settlement system must be complemented so that the consumer dispute mediation system will be located with the system to relieve consumer damages. First, one or more lawyer must participate in the Consumer Dispute Resolution Committee certainly. And Dispute Resolution Committee is required to develop Mediation skill. Second, Consumer Dispute Resolution Committee secure the independence from the Korea Consumer Agency. Third, Linkage between Consumer Dispute Resolution Committee and the other mediation organizations must become accomplished. Fourth, the provisions of the latter part of Framework Act on Consumers section 67 Schedule 2 is deleted or the objection provision should be added. In addition, It is necessary that introduce Consumer Arbitration system and the Fundamental ADR Act.