우리나라 특유의 집단분쟁에 대한 ADR방식의 대안 모색

• 발행기관: 한국민사소송법학회
• 저자명: 함영주
• 간행물 정보: 『민사소송』제12권 제2호, 48~82쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.11.30

영문 초록

The debate about class action, which is related to environment, food, and ille-gal strikes, is now being reignited in Koreaʼs National Assembly. The new ruling Grand National Party, which traditionally antagonistic to class action, now want to introduce class action suits as a way to compensate victims of illegal collective ac-tions such as illegal rallies and strikes. The opposition party oppose this act as a weapon to stifle the right of rally and strikes. They think that this act is trying to suppress common sense as well as the freedom of the media, publication and expression as guaranteed by the Korean Constitution. The ruling party says that the rule of law has collapsed and the fundamental principles of the government have been destroyed because of chaotic illegal rallies and strikes. Therefore, the new class action bill plans to recover store owners who suffered from a fall in revenues due to illegal rallies, to file class-action law-suits against rally organizers. Under the current korean law, victims can file only representative group litigation (Seon-jeong-dang-sa-ja Sosong [선정당사자소송] in Korean law) to recover their compensation. But, on the contrary, this present system caused a massive retaliation from protesters who got their private records in their written complaints. The protesters menaced with a phone call, picketed in front of complaintʼs shops and posted complaintʼs record on the internet. Superficially the two parties reversed their political views about class action after the change of regime, they actually had and have been choosing the field advantaged to them. They all struggle against general class action bill which can cause bur-den to their partyʼs supporters. In spite of those partyʼs policy decision by their own self interest, solving mass litigation has become present national problem awaiting solution. Upgrading the index of Korean National competitiveness can be gained only after solving mass disputes which is spread to all over the country for a long time. Under these Korean social and cultural backgrounds, I propose to establish Korean National Dispute Management System. I proposed a buleprint of Korean style mass disputes solving system, which is hybrid-, private sector participated- and ADR-oriented system based on Korean tradition in this paper. This is a sort of down-top and lower people friendly system. At this system, judge or lawyer have to exert himself or herself to hearing the voice of inflicted mass victims on-the-spot.

목차

Ⅰ. 집단분쟁해결을 위한 새로운 시스템 모색의 필요성

Ⅱ. 현행 집단분쟁 해결방식의 한계

Ⅲ. 집단소송방식의 분쟁해결방법에 대한 반복되는 의도된 오해

Ⅳ. 가칭 국가분쟁관리센터에 의한 사안 관리

Ⅴ. 결어

참고문헌

키워드

단체소송 표본소송(자본투자자 집단소송) 소송대체적 분쟁해결 분쟁해결방식의 복합화 부정경쟁방지법 보통거래약관규제법 자연보호법 표본소송(자본투자자 집단소송) 복수구소송 시험소송 제외신청 구성원명부 가입신청 변호사보수(대리인 비용) 분쟁해결의 다원화 분쟁해결절차(DR) 화해형 대표당사자소송 Verbandsklage musterverfahren ADR hybrid UWG AGBG Naturschutz musterverfahren MDL test case opt-out The Group Register opt-in agency costs process pluralism Dispute Resolution settlement class action