일본의 소비자집단소송법 개관

In Japan, in December 2013, the Consumer Class Action Act was enacted to introduce a class action system limited to consumer transactions (implemented on October 1, 2016). This system is characterized by the adoption of a so-called ‘two-stage system model’ that separates common issues from individual issues, as opposed to American or representative system model. In addition, the plaintiff is limited not to the representative among victims but to the consumer organizations with certain qualifications. Why did Japan adopt a new (so far unknown or unrecognized) system model instead of a representative-type or class action model? And what is the specific content of the system? This article considers the legislative background of the Japanese Consumer Class Action Act, the specific contents of the Japanese system, and the characteristics and the evaluation of the Japanese system based on this problem consciousness. In the viewpoint of Consumer Law, the Japanese consumer class action system was introduced in order to help consumers realize their rights by effectively relieving consumer damages, which is significant in that it has peaked a series of legal institutional arrangements for consumers after 2000s. In addition, in the viewpoint of Civil Procedure Law, the characteristics of Japanese system is that two-stage modified opt-in system has been introduced. Especially in the course of designing special civil procedure system through a comprehensive comparative legal review, we can find the characteristics that the right of injunction by consumer organization in the Consumer Contract Act was expanded to the right of damages lawsuit. Although there are only two specific qualified consumer organization who are eligible for plaintiffs and only the consumer contracts that have been concluded after the enforcement of the law are applied, it is impossible to say when the first case will be filed. However, in the Japanese climate where the complaint or lawsuit itself is treated as embarrassing, it is considered that half of the purpose of the enactment of the Act has been achieved by only reviewing the fact that overall reexamination of consumer response process in business is being expanded. I hope that this review will provide a reference to the discussion on the introduction of the class action system appropriate for our country and the accurate understanding of the Japanese system.