공정거래법상 집단소송제 도입을 위한 논의와 최근 동향

It has been discussed to adopt the mechanisms for seeking collective redress in antitrust action. Nonetheless, the mechanisms were not adopted since it is argued that they are inconsistent with the extant law system. However, it is difficult to redress collective damages and to prevent anti-competitive behaviors in the market under the current Monopoly Regulation and Fair Trade Act of Korea. Currently in Korea, due to the influence of Section 119-2 of Constitution (“harmony among market participants”), there are active discussions on the class action system in fair trade regulations in order to protect consumers from anti-competitive behaviors. In fact, four draft bills of (2012/8/27～2013/5/28) have been under the review of the National Assembly of Korea. Discussions in politics on the adoption of class action are highly positive from the standpoint of consumers. Since Korea has already adopted class actions under the Securities-Related Class Action Act and collective actions under the Framework Act on Consumers, the movement to adopt class action system in competition law as well as other areas where collective redress is necessary. If collective dispute is not resolved or protracted under the current legal system, damages of a great number of people are not compensated. If collective dispute is resolved by political or economic power, it would be not only economically inefficient, but also against social justice. In order to adopt class action system, the following points should be clearly established; a) the identification of claimants; b) interaction with the public enforcement of competition law; c) interaction with leniency program; d) the involvement of Korea Fair Trade Commission (KFTC). The reality that consumers are not remedies should be redressed. Although collective redress is not limited to the antitrust law cases, the United States as well as many European countries already legislate antitrust collective redress mechanisms. Korea will join this movement as well.