도쿄의대입시차별 사건으로 본 일본 소비자피해 집단회복 재판절차에 관한 소고

The purpose of this study was to establish the foundation for preparing special cases for consumer damage compensation. For the purpose this study reviewed the Japan Consumer Judicial Procedure Special Act focusing on admission discrimination case in Tokyo Medical University, the first Obligation Confirmation Litigation in Japan. In consideration of two characteristics of consumer damages, large number and small amounts, Japanese legal system has established a two-step process through collective lawsuits in order to prepare an effective consumer damage relief procedure. In first step, broad and common rights and obligations are identified and, based on them, In second step, the specific rights and obligations of consumers are established. The following implications were derived from the review of Japanese legal system: (i) The formalizable alimony is included in the subject of claim in the damage recovery litigation system. (ii) The numerosity is based on an abstract criterion and is subject to substantive court rulings, (iii) The concept of dominance requires in-depth review, (iv) For prompt damage relief, practical aspects beyond the legal ones should be considered, (v) An effective notification and announcement system should be established based on the principle of personal information protection.