소비자집단분쟁조정제도의 현황과 전망 (On the current situation of the Consumer Collective ADR(Alternative Dispute Resolution)System and its future)

서지정보

· 발행기관 : 한국경쟁법학회
· 수록지 정보 : 경쟁법연구 / 17권 / 35 ~ 56페이지
· 저자명 : 최은실

초록

Mass production and mass consumption of our economy leads to the increase in the collective consumer disputes from the similar or the same damage cases which are small in the size of cost but large in number.
From March of 2007 when the Framework Act on Consumer was came into force up to April of 2008, requests for Consumer Collective ADR system amounts to 21 cases. 14 cases were filed to the KCA(Korea Consumer Agency), 6 cases to consumer organizations, and the other 1 case to a local government.
The most frequent cases are related to the construction complaints including apartments. Complaints from e-trading, navigation device, internet TV service, seeds are another frequent cases.
Settlement decisions were made for 8 cases, of which only 3 cases were finally settled through accepting decisions by both parties (consumers and businesses). This shows us that the acceptance rate of the Consumer Collective ADR is quite lower than normal dispute settlement.
The Consumer Collective ADR System lacks of enforcement means unless both of consumers and businesses accept the settlement decisions. As a result, consumers have to rely on the litigation individually in case of the failure in dispute settlement.
Despite these shortcomings, the Consumer Collective ADR System is more cost-effective way than any other methods, in that the system helps consumers solve complaints in a rapid and economical way. If a mediation offer is accepted, it can have an effect equal to 'judicial compromise'. This is not only good for helping consumers but also for minimizing social cost.
Once the businesses involved in the Consumer Collective ADR cases accept the decisions made through Collective ADR process, the CDSC(Consumer Dispute Settlement Department) can ask them to draw up and submit their Compensation Plan for the victims who have suffered the same or similar damages but could not participate in the collective dispute resolution process.
In recent, we are facing prevailing request for urgent introduction of Class Action System. However considering large amount of cost of Class Action incurred by consumers, we are first to try to evaluate actual and potential performance of Consumer Collective ADR not yet fully pledged because of its short history and make institutional improvements for the system before the introduction of the Class Action System.

영어초록

Mass production and mass consumption of our economy leads to the increase in the collective consumer disputes from the similar or the same damage cases which are small in the size of cost but large in number.
From March of 2007 when the Framework Act on Consumer was came into force up to April of 2008, requests for Consumer Collective ADR system amounts to 21 cases. 14 cases were filed to the KCA(Korea Consumer Agency), 6 cases to consumer organizations, and the other 1 case to a local government.
The most frequent cases are related to the construction complaints including apartments. Complaints from e-trading, navigation device, internet TV service, seeds are another frequent cases.
Settlement decisions were made for 8 cases, of which only 3 cases were finally settled through accepting decisions by both parties (consumers and businesses). This shows us that the acceptance rate of the Consumer Collective ADR is quite lower than normal dispute settlement.
The Consumer Collective ADR System lacks of enforcement means unless both of consumers and businesses accept the settlement decisions. As a result, consumers have to rely on the litigation individually in case of the failure in dispute settlement.
Despite these shortcomings, the Consumer Collective ADR System is more cost-effective way than any other methods, in that the system helps consumers solve complaints in a rapid and economical way. If a mediation offer is accepted, it can have an effect equal to 'judicial compromise'. This is not only good for helping consumers but also for minimizing social cost.
Once the businesses involved in the Consumer Collective ADR cases accept the decisions made through Collective ADR process, the CDSC(Consumer Dispute Settlement Department) can ask them to draw up and submit their Compensation Plan for the victims who have suffered the same or similar damages but could not participate in the collective dispute resolution process.
In recent, we are facing prevailing request for urgent introduction of Class Action System. However considering large amount of cost of Class Action incurred by consumers, we are first to try to evaluate actual and potential performance of Consumer Collective ADR not yet fully pledged because of its short history and make institutional improvements for the system before the introduction of the Class Action System.

참고자료

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