집단적 피해와 집단분쟁조정제도에 관한 연구

Abstract

The collective consumer disputes mediation system introduced in the Framework Act on Consumers for the collective relief of collective consumer damages has also been introduced in the Personal Information Protection Act and the Act on the Regulation of Terms and Conditions. However, unlike the expectation of introducing the system, the dispute settlement system is not activated yet. Of course, collective disputes continue to arise, but the failure to resolve disputes through the system is due to a variety of causes. One of them is the problem of the law which provides it. Therefore, it is necessary to amend the related laws in order for the collective dispute mediation system to become an effective system for solving collective disputes according to the institutional purpose. First, it is necessary to enact the Framework Act on Mediation for administrative mediations. Second, it is necessary to amend the pluralities of the parties so that they can be reduced or operated in a flexible manner by the Coordination Committee. Third, the selection method of the representative party should be made through agreement of the parties, and it is necessary to amend the acceptance or rejection of the mediation by the party or the representative party. Fourth, it is necessary to supplement the procedural rules so that the parties can participate in the mediation process, and to uniformly provide the reasons for refusing mediation. Fifth, if there is no indication in the acceptance period in the method of establishing a mediation, it is necessary to amend it by rejecting a mediation. Finally, it is necessary to establish a legal support system in case the mediation is not established in order to activate the group dispute mediation.