우리나라 집단분쟁조정제도의 현황과 과제

Abstract

In Korea, some “collective dispute mediation systems" are introduced and operated recently, which are part of so-called ADR system for relief of collective damages. These systems are operated by the mediation commission, which is the administrative ADR institution. The object of collective dispute mediation systems is to settle the same kind of consumer disputes in one lump by the mediation commission. As the mediation system can be more effective than the lawsuit system in consumer disputes, the collective dispute mediation system has attracted attention as a powerful institutional model to replace the class action system. However, the usage rate of these systems is extremely poor, unlike the initial expectation. I think this is not irrelevant to the problem of the system design. The reason why the rate of the usage of collective dispute settlement system is low is because, I think, due to the system design clumsily imitating class action system, it cannot even make use of the merits of ADR system. This article presents the improvement direction as follows. Above all, the dual structure of the application procedure is needed to be simplified into a unified structure. And, it is necessary to make a systematic adjustment so that the parties(consumers) can individually decide whether or not to accept the settlement proposal. In relation to this, the mediation commission should prepare the settlement proposal more flexibly, considering that the individual issues of the parties may be different. In that respect, there is no inevitable reason to present the settlement proposal as a sum of damages compensation like US class action lawsuit. On the other hand, it is appropriate to abolish the system for only the convenience of administration, such as “recommendation to prepare a compensation plan for consumers who are not parties to the collective dispute mediation". However, even if the collective dispute settlement system is activated, it is still necessary to legislate the class action system for solving collective consumer damages that can not be solved through mediation or is not suitable for mediation. In addition to the efforts to improve the collective dispute settlement system, we expect the discussions for the introduction of the class action system appropriate to our situation.