증권관련집단소송법에 있어서 다수당사자 소송형태의 개선방향 — 미국 FRCP에 규정된 impleader의 도입을 중심으로 —

Current securities class action lawsuit in 2014 has so far raised the gun only and only 6, of which only one hard sell was terminated with the settlement, the lawsuit prohibitions decision 1, 4 cases are arguing for a long time whether to grant a lawsuit. Therefore, the proper function of Securities related class action Act might not be effective. Nowadays Activation of the current system of securities class actions and various alternatives are increasingly being requested to be present. Even in terms of the Code of Civil Procedure to improve the Multiparties lawsuits, class action system needs to be activated. Because the number of securities class action plaintiffs, as well as multiple defendants must be ralated, multiparty litigation system should be improve. In that sense, the U.S. class action provisions of FRCP also gives many implications to legislationThe defendant is able to implead the third party who is considered to be liable to plaintiff wholely or partially. This is referred to as third party practise or impleader. However, to take advantage of third party practise is entirely optional and the party against a third party defendant may make separate lawsuits. Korean Code of Civil Procedure are overly restricted. to the form of multiparty lawsuits. Therefore, in a direction fundamentally solve the delay elements of the suit, multiparty litigation needs to be improved..