집단분쟁해결을 위한 새로운 민사소송제도의 도입에 관한 소고

• 영문명: View on the introduction of new civil procedure for collective dispute resolution
• 발행기관: 한국민사소송법학회
• 저자명: 김경욱(Kyeng Wook Kim)
• 간행물 정보: 『민사소송』제17권 제2호, 259~315쪽, 전체 57쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.11.30

영문 초록

Incidents involving mass production, investment, and consumption victims are growing more frequent modern social structure. As a result of such phenomena, the number of similar types of damage inflict by a corporate or a specific person are rapidly increasing. However, the cost of monetary and human resources and time is too high for an individual to take legal measures against these types of damages; hence many nations are looking for new ways to efficiently resolve disputes in addition to traditional litigation procedures. The most notable examples of legislation are Class Action of U.S. and Verbandsklage of Germany. Similar move has been found in South Korea; Securities-Related Class Action based on Securities-Related Class Action Act on the stock market with regards to class action has been in place since 2005; Consumer Association Lawsuit was introduced as part of Framework Act on Consumers with regards to Verbandsklage and Personal Information Association Lawsuit based on Personal Information Protection Act were introduced in 2008 and 2011 respectively. Demand for collective dispute resolution such as the aforementioned has triggered Germany to look beyond Verbandsklage and to consider adopting Class Action from U.S. The legislation of KapMug in 2005 maintained the principle of individualism of Germany’s Civil Procedure while providing an independent resolution method different from collective dispute resolution of other nations. Similar to this procedure, U.S has adopted Multidistrict Litigation to prevent discovery overlap and contradiction during pretrial proceedings when multiple litigations that share common questions of fact. This study will briefly explore Securities-Related Class Action, Consumer Association Lawsuit, and Personal Information Association Lawsuit, which are recognized in South Korea, then will investigate Germany’s Musterverfahren and U.S.’ Multidistrict Litigation in depth in order to study new collective dispute resolution to resolve multiple litigations with common questions of fact in prompt and economical manner without contradiction. Nevertheless, this study did not include discussion on U.S’ Class Action and Germany’s Verbandsklage as there has been sufficient study and discussion on them.

목차

Ⅰ. 들어가면서

Ⅱ. 우리나라에서의 집단적 피해에 대한

Ⅲ. 집단적 분쟁해결을 위한 새로운 분쟁해결방안의 검토

Ⅳ. 우리의 집단적 분쟁해결절차에 주는 시사점

Ⅴ. 마치면서

키워드

대표당사자소송 단체소송 집단분쟁해결 증권관련집단소송 자본투자자표본절차법 표본절차 표본재판 원소송절차 확인목표 광역소송 복합소송 class action Verbandsklage collective dispute resolution Securities-Related Class Action Gesetz ü ber Musterverfahren in kapitalmarktrechtlichen Streitigkeiten (Kapitalanleger-Musterverfahrensgesetz: KapMuG) Musterverfahren Musterentscheid Ausgangsprozess Feststellungsziele multidistrict litigation: MDL