공정거래법상 집단소송제도의 도입을 위한 비교법적 연구

Recently needs of class action system in the antitrust and fair trade market are becoming hot issues in Korea. A class action, originated in the United States, is a form of lawsuit in which a large group of people collectively bring a claim to court and the US allows ant type of class actions. Actually, in 1990, the Korean government tried to introduce the US type of class action system with an enactment of, so called, the "Class Dispute Settlement Procedure Act."However this trial had been ceased for many operational reasons in 1996. But, the needs of class action system has been occurred and the Korean government decided to introduced only the securities related class action in Korean financial market and the Securities Related Class Action Act has been effective since 2005. In that, only securities related class action is allowed in Korea at this moment. In the meanwhile, the New Administration and some National Assemblymen announced that our society needs a new class acton system in the he antitrust and fair trade market in Korea and there are some submitted bills that are amending the Monopoly Regulation and Fair Trade Act. All these bills introduce the US type of class action and borrow the provisions of the Securities Related Class Action Act for amending the Monopoly Regulation and Fair Trade Act. Therefore this Article comparatively examines the bills in details first and analyses the class action system in the United States, the United Kingdom, the EU, Germany, France, and some other countries on order to suggest some betterment of Korean Class Action under the Korean fair trade act.