일본 소비자재판절차특례법상 지배성 요건에 관한 소고 - 주식회사 ONE MESSAGE 사건을 중심으로 -

It is necessary to closely examine the necessity of a new system and how to operate it, if necessary, when we make it. A comparative study on the act and an investigation on Japanese acts and cases, which have effects on Korean acts are thought to be required, where the necessity of the class suit for recovering consumer damages has been continuously discussed. This paper, therefore, attempts to examine a recent decision related to the dominance requirement, to review the dominance requirement in the Japanese collective consumer special act, in regard to the lawsuit requirements. The dominance requirement means that common issues should be more dominant than an individual issues. On the basis of the decision, it intends to provide information on the Japanese system operation, by examining the dominance requirement, and to suggest a direction for organizing the Korean system and operating it. The findings indicate that it is necessary to definitely confirm the claim object in Korea. The collective act lawsuit for recovering consumer damages should be quicker and cheaper than general civil suits, and moreover, should not undermine consumers’procedural guarantee. It is, therefore, necessary to first confirm the claim object. The suits would be often rejected, if Japanese systems such as the dominance requirement is operated, without confirming it. In the Japanese case examined above, the target debt may be rejected, because there is no formation of it, though the claim object is strictly confirmed. The introduction of the dominance requirement without confirming the target debt is likely to prevent the recovery of consumer damages as wrongdoer businesses hide behind the dominance requirement, given concerns about the frivolous lawsuit related to the class suit system and the contradictory system operation trend. It would be necessary to discuss and continuously examine the necessity of the consumer class suit and how to develop the framework for operating it.