프랑스 소비자단체소송법 제정의 의의와 시사점

Group action in France and it s effects and applications on Korea s class and group action

In 2014, France finally adopted group action(Action de groupe) procedure in which associations represent claimants. France group actions were only available on the breaches of consumer and competition cases from the beginning of 2014, while the procedure has been extended also to health cases in 2016. The scope of France group actions are now trying to expand as to discriminatory/labor law, environmental issues, data protection/privacy matters in a draft under the parliamentary review. Consumer associations that are accredited by the government can claim compensation for individual damages suffered by consumers in a similar or identical situations. The court determines only the scope of group s criteria on the basis of advertisement in the media and sets cut-off dates to join the group. And then Claimants that meet criteria may join the group in an opt-in system. This joining periods have to be more than 2 months and less than 6 months after the end of public advertising notice period. These two step system, determining the group s criteria and claimants opt-in, can call it bifurcate system. In the case of consumer group actions, only 15 associations have a standing to sue to the group action procedure to this date. They have to represent consumer s interests at a national level. France group actions are restricted to material damage affecting consumer s assets. This procedure can t be used to compensate losses result from physical or psychological harm. Competition group actions have also two step procedures. Firstly competition authorities definitively identifies anti-competitive behavior, and then follow on group actions. The court doesn t decide on liability, but merely decide on the criteria of group and the evaluation of individual damages. Health law action could be brought by accredited associations of users of the healthcare system that are representative at national or regional levels. Group actions are permissible for personal injury claim of individuals who are in identical or similar situations. Damages must be the consequence of a breach of statutory or contractual obligations by a producer, supplier or any entity using healthcare products. The structure of the healthcare litigation is similar to the group action in consumer law. The court first determines the principle of liability through the analysis of specific cases. Then court determines the group of claimants by defining the membership criteria and the personal injury covered. The court also sets cut-off dates to join the group. The next stages are compensation and award distributions. France group action provide for an alternative dispute resolution. If the parties agree, the court may request the intervention of a mediator for a periods. The terms of settlement agreement must specify the type of personal injuries covered, the proposed compensation amounts, the cut-off dates to accept the offer and methods of publicity to inform claimants. The settlement agreement is subject to confirm by the court. France group actions are characterized by the bifurcate system, government accredited association s standing to sue, opt-in system. Introduction of France group litigation also reacts positive and negative effects on Korea securities class action and other group actions. As one model of EU group actions, France group action models have become strong argument for or against US class actions in Korea. France bifurcation group litigation system also frequently misuses by the opponents of US class action system in Korea and Japan. They are advertising bifurcate system as an epoch-making alternatives of US class actions. But these arguments are not reasonable on the condition that incompleteness of Korea s mass tort law and asymmetry of information between demander and supplier.