식품안전 피해구제제도의 도입방안에 관한 연구

• 영문명: A Study on the Introduction of Food Safety Damage Relief System
• 발행기관: 한국중재학회
• 저자명: 이병준(Byung-Jun Lee)
• 간행물 정보: 『중재연구』 제27권 제4호, 199~222쪽, 전체 24쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

목차

Ⅰ. 들어가며

Ⅱ. 식품안전기본법 제정 시 식품안전분쟁조정위원회 설치(안)의 폐기와 그 이유

Ⅲ. 현행법상 식품 관련 피해처리절차와 그 한계

Ⅳ. 전문적 식품피해구제제도 도입 방안

Ⅴ. 나가며

키워드

식품안전 피해구제제도 집단소송 집단분쟁조정 식품피해보상기금 Food Safety Damage Relief System Class Action Collective Dispute Settlement Food Damage Compensation Fund