최근 공정거래관련 집단소송제 도입을 위한 공정거래법개정안에 대한 고찰

While there is little doubt that class action may not only encourage antitrust victims to bring a case before the courts but also discourage firms to violate the law, there also exists critics against class action that emphasis on a possibility of abuse of class action. Recently the Saenuri Party drafted the Bill for Antitrust Class Action in Korea. Of course it is good news for consumers at large. However it should be noted that the Saenuri Party’s Bill contain many clauses that may unreasonably restrict motion of class action. So it seems that even if the Bill’s passed, class action might not be actively filed by antitrust victims. In order to avoid this undesirable outcome, the Bill should be modified to allow victims to file class actions in more easier way to purse their own right to compensation for damages.