소비자기본법상의 단체소송 (Group Litigation(Verbandsklage) under Consumer Protection Act)

서지정보

· 발행기관 : 전남대학교 법학연구소
· 수록지 정보 : 법학논총 / 27권 / 1호 / 67 ~ 108페이지
· 저자명 : 김원기, 박수영

초록

In 2006, the new Korean Consumer Protection Act introduced consumer group litigation, which qualified entities have a right of action for an order for the cessation or prohibition of an infringement on consumers’ interests(injunction). An “injunction” is an order granted by a court whereby someone is required to do or to refrain from doing a specified act.
The right of action for an injunction is authorized to consumer associations, trade associations(economic organizations) and nonprofit private organizations, that are registered in a list drawn up by the administrative office(Fair Trade Commission, etc). Qualified entities can file claims on behalf of groups of consumers or corporations to obtain judicial orders against corporations that cause injury or damage to consumers.
The consumer group litigation is applied to the infringements on consumers’ interests in consumer contracts, such as unfair labeling & advertising, unfair terms in consumer contracts, in the area of consumers’ law(franchise, installment contracts, door-to-door sales, distance contracts, electronic commerce, etc). But, consumer associations not sue for consumer’s damages relief.
In order to save the courts from premature group demands, the Korean Consumer Protection Act suggests a prior consultation proceeding(14 days). An consumer association that intends to ask for an injunction may start the procedure after trying to stop the alleged infringement via consultation with the defendant.
In EU, consumer group litigation is enforced by the european directives (Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts & Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interests). The consumer associations of EU, that are registered in a list drawn up by the Administrative Office of member states and communicated to the EC Commission, have the right of action for an order for the cessation or prohibition of an infringement, an order for publication of decision and an order for payments into the public purse.
European legislation in consumer protection is harmonized and provides for injunctions against these infringements in the case of: misleading advertising and unfair commercial practices; contracts negotiated away from business premises; consumer credit; television without frontiers; package travel, package holidays and package tours, medicinal products for human use; unfair contractual terms; time-shares; distance contracts; sale of consumer goods and associated guarantees and unfair commercial contracts. The entities qualified to bring actions for an injunction are bodies or organizations which have a legitimate interest in ensuring that the collective interests of consumers are protected, and notably: independent public bodies, specifically responsible for protecting consumer interests in the Member States in which such bodies exist; bodies whose mission is to protect these interests in compliance with criteria laid down in national law.

영어초록

In 2006, the new Korean Consumer Protection Act introduced consumer group litigation, which qualified entities have a right of action for an order for the cessation or prohibition of an infringement on consumers’ interests(injunction). An “injunction” is an order granted by a court whereby someone is required to do or to refrain from doing a specified act.
The right of action for an injunction is authorized to consumer associations, trade associations(economic organizations) and nonprofit private organizations, that are registered in a list drawn up by the administrative office(Fair Trade Commission, etc). Qualified entities can file claims on behalf of groups of consumers or corporations to obtain judicial orders against corporations that cause injury or damage to consumers.
The consumer group litigation is applied to the infringements on consumers’ interests in consumer contracts, such as unfair labeling & advertising, unfair terms in consumer contracts, in the area of consumers’ law(franchise, installment contracts, door-to-door sales, distance contracts, electronic commerce, etc). But, consumer associations not sue for consumer’s damages relief.
In order to save the courts from premature group demands, the Korean Consumer Protection Act suggests a prior consultation proceeding(14 days). An consumer association that intends to ask for an injunction may start the procedure after trying to stop the alleged infringement via consultation with the defendant.
In EU, consumer group litigation is enforced by the european directives (Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts & Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interests). The consumer associations of EU, that are registered in a list drawn up by the Administrative Office of member states and communicated to the EC Commission, have the right of action for an order for the cessation or prohibition of an infringement, an order for publication of decision and an order for payments into the public purse.
European legislation in consumer protection is harmonized and provides for injunctions against these infringements in the case of: misleading advertising and unfair commercial practices; contracts negotiated away from business premises; consumer credit; television without frontiers; package travel, package holidays and package tours, medicinal products for human use; unfair contractual terms; time-shares; distance contracts; sale of consumer goods and associated guarantees and unfair commercial contracts. The entities qualified to bring actions for an injunction are bodies or organizations which have a legitimate interest in ensuring that the collective interests of consumers are protected, and notably: independent public bodies, specifically responsible for protecting consumer interests in the Member States in which such bodies exist; bodies whose mission is to protect these interests in compliance with criteria laid down in national law.

참고자료

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