미국 소비자집단소송에 관한 연구

The US judicial system allows consumer class action. The relevant legal provisions include procedural and substantive laws in federal and state level. The procedural law applied in federal court is the Rule 23 of Federal Rules of Civil Procedure, and most states have the similar procedural provisions to be applied to class actions in its state courts. Until around 1970's, most consumers brought class actions based on common law tort or contract. However, it was difficult to receive class certification from the court since it was difficult to prove existence of a common issue for the class under the common law provisions. Beginning 1970's, various consumer protection laws were enacted in federal and state level, and these laws provided private right of action and also lowered standard of proof for plaintiff. Most consumers now bring their class actions based on the enacted laws, not on the common law. The consumer protection enactment in the US has so far strengthened consumer's right/standing of action. However, on the other hand, numerous systematic devices are being employed in federal and state level in order to prevent abusive use of class action. Korea has employed consumer organization lawsuit in the amended Consumer Protection Act. The new provision will be in effect beginning 2008. It will be very important to carefully analyze how the consumer organization lawsuit system is used in reality. Then, with lessons learned, we may consider adopting consumer class action system in the future.