소비자단체소송제도에 대한 연구- 일본 소비자계약법상 소비자단체소송제도와 비교를 중심으로 -

Abstract

Unlike other transactions, consumer damages have the unique feature that it includes small amounts of damages to the many. In other words, though the amount of damage is small for the individual consumer, many consumers incur damages in a short period of time due to the same reason. Though it is very important to establish an efficient system to provide relief when consumer damages occur, it is more crucial to prevent consumer damages ahead of time. In order to do so, there is a need to prohibit or stop violations of the law so that damages caused by the businesses' illegal activities do not occur. However, it is very difficult for individual consumers to file suit their selves. Taking this into consideration, Korea has amended the Consumer Protection Act to the Consumer Fundamental Act and introduced the class action. Japan has also amended the Consumer Contract Act and implemented the consumer class action in order to prevent consumer damages. By introducing consumer class action, it could be said that a framework to prevent consumer damages have been made available. However, there are many issues being brought up for its actual contents. These issues must be promptly addressed and the below is a brief summary. First, in terms of locus standi, granting the class action rights to economic and non-profit organizations should be excluded since it does not fit the policy's purpose. Secondly, there is a need to clearly define the subject of these class actions, rather than defining them in an abstract manner. Thirdly, in order to prevent repeated lawsuits, the registered consumer organization that filed a class action should be required to notify this to another organization and the Fair Trade Commission. Fourthly, the contents of the suit should be diversified. Fifthly, there is a need to grant equal jurisdictional authority for the illegal actions of the class action. Sixthly, in the event that a final ruling for the class action is made, it should be made public. Seventhly, in order for registered consumer organizations to perform class action related operations, they require financial support and human resources. Eighthly, suits that can be filed via class actions should consider rights to claim damages in the long term and rights to claim for illegal deprivation of profits in the short term. Lastly, in the event that the registered consumer organization loses the class action they have filed, indemnity responsibilities should be restricted only to the gross negligence or the willful negligence.