일본 소비자분쟁과 소송외적 분쟁해결제도에 대한 연구

The Alternative Dispute Resolution(ADR) Act of japan was enacted in 2004, and the National Consumer Affairs Center Act was amended in 2008 to solve increasing consumer disputes efficiently. It is expected that consumer disputes will be solved efficiently by means of ADR systems of these Acts. But further discussion about the ADR Act, and amended the National Consumer Affairs Center Act should be gone for efficient solution of consumer disputes through ADR. Firstly, given the ADR is a system that solves a dispute into inexpensive expense, it is necessary to limit a principal sum of payment. Secondly, the ADR of the National Consumer Affairs Center Act may have to be introduced the group disputes mediation system to relieve collective consumer damages. Thirdly, when it is necessary to increase the term of dispute resolution, a court should decide to increase the term according to a request of parties, authenticated business or grievance machinery. Fourthly, given the ADR is a system that settles disputes for a relatively low cost and fair process, the effect of ADR should be admitted to settlement in court. Finally, in our the consumer framework act, if one of parties institutes a suit on a case of mediation, a mediation procedure is stopped. This is misused by means to avoid a dispute resolution depending on the mediation system. Therefore, a court of a lawsuit should decide to discontinue a judicial procedure so that the consumers dispute settlement commission could mediate a dispute like the ADR Act and the National Consumer Affairs Center Act of japan.