집단소송과 관련된 국회 입법 및 대법원 판례의 동향과 그 시사점

• 발행기관: 한국민사소송법학회
• 저자명: 최광선
• 간행물 정보: 『민사소송』제23권 제1호, 143~198쪽, 전체 56쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.02.28

영문 초록

The Securities-Related Class Action Act in Korea was effected on January 1, 2005 in order to efficiently seek a relief for collective losses arising in the course of trading securities and Consumer Class Action in Framework Act on Consumeres was effected on March 28, 2007 in order to protect consumers’ rights and interests. However, Securities-Related Class Action and Consumer Class Action are rarely used in lawsuit in Korea. It is because the requirements for The Securities-Related Class Action and Consumer Class Action are difficult to meet. Although many legislations had been proposed to improve this situation, they were not made a success. Because companies were concerned about the abuse of litigation. In the recent cases of humidifier disinfectant incident, radon bed accident, and fire accident in the automobile, the necessity of class action has been raised due to many unspecified victims. In December 2018, the Ministry of Justice prepared a plan to improve class action system. In fact, class action system is related to the economic interests of the people. Compared to foreign countries where class action system is activated in the case of fire accident in the automobile, automobile company is stingy about indemnification for the Korean people. This is because effective class action systems are not available in Korea. This article aims to review bills submitted to the 20th National Assembly and recent Supreme Court Cases. It is required to have a comprehensive system including substantive and procedural legislation.

목차

Ⅰ. 서론

Ⅱ. 집단소송에 관한 입법 동향

Ⅲ. 집단소송의 소송허가에 관한 판례 동향

Ⅳ. 집단소송이 나아가야 할 방향

Ⅴ. 결론

키워드

집단소송 대표당사자소송 단체소송 소송허가 증권관련 집단소송법 group litigation class action two-tier stage proceeding permission of action securities-related class action