소비자보호를 위한 바람직한 집단소송 시스템

Last year korean government introduced a bill which contains Draft for Consumer Protection Act(hereinafter called as the draft) to the assembly. The draft aims fundamentally at the protection of the collective interests of consum-ers, and then classical german group litigation(hereinafter called as Verbandsklage) was inserted in draft. Classical Verbandsklage means that qualified entities could bring an action for the consumers on the basis of their own rights. At first enti-ties claim is narrowly restricted to the cessation or prohibition of any infringe-ment, but now qualified entities generally could get an order against the losing de-fendant for payments into the public purse or to any beneficiary (Gewinnabachöpfung). Furthermore in Germany qualified entities could directly claim damages of con-sumersthroughconveyanceof someconsumers monetaryclaim(Verbandsmusterverfahren). And insomeareasuchasstockmarket, consumerscouldaskforKapitalanleger-Musterverfahren before the court, and the court could select a model process of the cases which contain the same cause of action. Before we accept the new Verbandsklage sys-tem in the draft, we should sincerely consider these new models which are lately developed in Germany and EU boundaries as much as class action system of the America. And also we should classify massive damages according to the their own characters, we make a appropriate measure separately to handle such damages.