일본 소비자 계약법상의 단체소송제도

Abstract

The consumer's damages from illegal conduct by manufacturer or service supplier are generally small amount of money, but sometimes numerous(large) numbers of sufferers are engaged. So it is more efficient to adjudicate their rights or liabilities in a single action than in a series of individual proceedings. In Japan, Consumer Contract Act which allows consumer group litigation came into force 7 June 2007. The special characters of Japan consumer group litigation are as below. First, the consumer group which wants to be properly qualified for group litigation must obtain authorization from the Prime Minister. The authorization system has possibility to bring arbitrariness of administrative organization. So group litigation legislation must strictly provide the necessary condition of qualification for group litigation. Second, Japan Consumer Contract Act grants substantive rights of claim for forbearance( prohibition & suspension ) to the consumer group which obtained authorization. The matter of prime issue of Japanese group litigation legislation is double instituting lawsuit when plural consumer group bring actions against the same defendant at the same time. The other issues are the number of the object of a lawsuit and the human scope of res judicata. Japanese group litigation legislation dosen't clearly provide those issues.