소비자기본법상의 집단분쟁조정제도에 관한 소고

Established at the KCPB to mediate consumer dispute cases in accordance with Article 60 of the Framework Act on Consumer. In addition, Korean Government made a Revision on the Framework Act on Consumer (FAC) and established a new system “Class Dispute Meditation” this year. The Act has the express purpose of promoting transparency in corporate business by providing an efficient remedy for damages to consumer in companies. Under the Act, one or more members of a class that has incurred damages from a enterprise's tort may seek certification of a class. The lead plaintiff will have the authority to conduct the litigation on behalf of the entire class. Any decision or settlement by Consumers Dispute Settlement Commission will bind all members of the class like class action, including those class members who are not named parties to the class action, provided that, such class members have not expressly opted out of the class dispute meditation. The Act is based on similar legislation in the United States, and U.S. experience may provide some insight into how the actions may be handled in korean consumer protect. One important aspect of U.S. practice is that more than half of all consumer class action are resolved through settlement. Although there are many differences between Korea and the U.S., culture and their respective legal systems among them, and despite the general reluctance of Korean litigants to settle pending actions, some experts expect that many class actions will be resolved through settlement due to the time, expense and effort necessary to prosecute such an action to conclusion and the tendency of Korean Consumers Dispute Settlement Commission to encourage mediation and settlement of disputes. But this act have some problems. The most serious problem of this Dispute Meditation is that its requisites, illegalities as object of class action, are not clearly defined enough in details to constitute the class. Conflicting opinions between enterprises and consumers concerning legal interpretations of laws and by-laws may develop into excessive rush for disputes. In conclusion, we need to amend the Framework Act on Consumer for the class dispute meditation.