증권집단소송(Securities Class Action)의 도입필요성에 관한 연구

• 영문명: A Study on Introduction of Securities Class Action
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김병연
• 간행물 정보: 『비교사법』비교사법 제10권 1호, 579~606쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.03.01

영문 초록

In November 2001, the Republic of Korea produced a Draft of Securities Class Action Law. However, the securities class action continues to be a source of debate. Thus. this article focuses on debate about whether the introduction of the securities class action can be justified in the Korean securities market. The class action is designed to improve access to the courts while simultaneously facilitating the efficient resolution of claims. It is also the mechanism that accords equal footing to the common man in his dispute with the large corporation. Where the single claimant could not proceed individually, because her expenses would dwarf the expected recover, the class action can be brought on behalf of all who are similarly situated. Finally, the class action performs two important functions: first, it provides individual plaintiffs with injuries insufficient to justify the cost of a lawsuit an economically feasible avenue of redress; second, it helps relieve the burden on court dockets, which have been overwhelmed with large numbers of claims arising. The securities class actions proceed with the objective of permitting those separated wrongfully from their wealth to get some of it back. It is in the class action's empowerment of the small claimant that we find the spirit of law --"equal justice for all under the law." The virtue of the class action has been envisioned in its placement of small claimants on a footing equal to that of the corporate defendant. Therefore, the securities class action should be introduced to provide an efficient tad, to investor for recovery and to make the market surveillance by public investors.

목차

1. 처음에

2. 집단소송의 개념

3. 증권집단소송제도의 필요성에 대한 검토

4. 맺음말

참고문헌

ABSTRACT