소비자단체소송제도의 문제점과 개선방안

Problem of Consumer Group’s Lawsuit System and Improvement Measures

Korea’s consumer group lawsuit system has been in force since January 1, 2008 from the time it was first introduced with birth of the Framework Act on Consumers on September 27, 2006. Consumer group lawsuit system is the one that enables a group established for a specific public objective to request for prohibition against business operators as a form of lawsuit for the public interests such as consumer protection. consumer group lawsuit system is considered a representative system showing conversion of paradigm of consumer policy from consumer protection into establishment of consumer sovereignty. However, the number of lawsuits that were actually filed from its enforcement to this day is only 1 case, which shows that the system is almost nominal. Considering aforementioned circumstances, this study is inquiring into the problem of consumer group lawsuit system and seeking for improvement measures. As improvement measures for consumer group’s lawsuit, this study suggests First, requisites for lawsuit shall be materialized and requirements for invasion of consumers‘ rights and interests shall be deleted or eased. Second, association of business operators shall be excepted from groups eligible for standing to sue. Third, instead of designating the territorial jurisdiction of the first instance of consumer group’s lawsuit as exclusive jurisdiction of a district court having competence over operator’s general jurisdiction, jurisdiction of a district court that have jurisdiction over the place where illegal act occurred shall also be acknowledged. Fourth, one-sided Principle of Mandatory Representation by Attorney against consumer group shall be expurgated. Fifth, consumer group’s lawsuit permission system shall be abolished. Sixth, the force of irrevocable judgment shall be reexamined and judgement publication system as well as regulations shall be prepared for taking disciplinary measures against a business operator protesting against a judgment and securing effectiveness of judgment. Seventh, this study also suggests that the government should support expenses of lawsuit when a consumer group files a group lawsuit. Along with the above, this study is pointing out that collective consumer dispute mediation system of Korea Consumer Agency shall remain activated by the time consumer group lawsuit system is legislatively improved and revitalized.