집단소송법안의 입법형식에 대한 검토

In Korea, Securities-related Class Action Law(2004.1.20. law no.7074) came into force 1 January 2005. Only two months later, the law was revised(2005.3.2.) to grant companies a two-year grace period to correct accounting irregularities by the strong request of businesses. The revised bill aims to exempt companies from class action lawsuits for accounting fraud dating from before 2005 for the next two years. In this way, the law is drifting about at the mercy of political situation. At the same time, more and more types of class action laws are being drafted by the government in Korea. The Ministry of Finance and Economy is move to introduce the consumer group lawsuit system to protect consumer rights. Ministry of Environment is move to introduce environmental class- and group action system. Another ministries of government is move to introduce food-related class action and government controlling class action system(so called parens patriae action). Many kinds of these class action laws(or draft at now) are unusual enough in itself as contrast with foreign countries class action system. The government-oriented legislation type relating to the procedural law is unusual too, I think. These types of law-makings, which are enacted to the specific topic or sphere, are take the procedural characteristics into consideration as a general civil procedure. Procedural law could be differentiate from another law not by substantive but by procedural elements.