소비자기본법상의 집단분쟁조정제도 (The Collective Dispute Mediation in the Framework Act on Consumer)

서지정보

· 발행기관 : 한국경영법률학회
· 수록지 정보 : 경영법률 / 18권 / 3호 / 181 ~ 211페이지
· 저자명 : 신국미

초록

On March 28th, 2007, the name of the organization changed from the Korea Consumer of Protection Board(KCPB) to the Korea Consumer Agency(KCA), with the implementation the “Framework Act on Consumer”, which was also revised from the previous “Consumer Protection Act.” The enforcement of the Framework Act on Consumer reflects the change in Government’s basic direction of consumer policies from “consumer protection” to “realization of consumer sovereignty.” As the Consumer Safety Center within the Korea Consumer Agency became a legally recognized body under the new law, its authority and power to secure consumers’ right to safety and ability to collect and process consumer injury data have been strengthened. In addition, with the introduction of the Collective Dispute Mediation, more efficient consumer damage redresses became possible.
If more than 50 consumers have incurred the same damages from a enterprise's tort, the nation·local provinces· Korea Consumer Agency·consumer associations and business can file an application for the Collective Dispute Mediation to the Consumer Dispute Settlement Commission(CDSC) in the Korea Consumer Agency(Framework Act on Consumer §68).
Under the Act, one or more members of a class that has incurred damages from a enterprise's tort may seek certification of a class. The lead plaintiff will have the authority to conduct the litigation on behalf of the entire class. If the concerned parties accept any decision or settlement by the Consumer Dispute Settlement Commission (CDSC), the decision or settlement will bind all members of the class like class action, including those class members who are not named parties to the Collective Dispute Mediation, provided that, such class members have additionally opted in of the Collective Dispute Mediation. If either or both parties fail to accept the decision, they can file a civil suit.

영어초록

On March 28th, 2007, the name of the organization changed from the Korea Consumer of Protection Board(KCPB) to the Korea Consumer Agency(KCA), with the implementation the “Framework Act on Consumer”, which was also revised from the previous “Consumer Protection Act.” The enforcement of the Framework Act on Consumer reflects the change in Government’s basic direction of consumer policies from “consumer protection” to “realization of consumer sovereignty.” As the Consumer Safety Center within the Korea Consumer Agency became a legally recognized body under the new law, its authority and power to secure consumers’ right to safety and ability to collect and process consumer injury data have been strengthened. In addition, with the introduction of the Collective Dispute Mediation, more efficient consumer damage redresses became possible.
If more than 50 consumers have incurred the same damages from a enterprise's tort, the nation·local provinces· Korea Consumer Agency·consumer associations and business can file an application for the Collective Dispute Mediation to the Consumer Dispute Settlement Commission(CDSC) in the Korea Consumer Agency(Framework Act on Consumer §68).
Under the Act, one or more members of a class that has incurred damages from a enterprise's tort may seek certification of a class. The lead plaintiff will have the authority to conduct the litigation on behalf of the entire class. If the concerned parties accept any decision or settlement by the Consumer Dispute Settlement Commission (CDSC), the decision or settlement will bind all members of the class like class action, including those class members who are not named parties to the Collective Dispute Mediation, provided that, such class members have additionally opted in of the Collective Dispute Mediation. If either or both parties fail to accept the decision, they can file a civil suit.

참고자료

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