집단소송제에 대한 연구 및 입법의 최근 동향

• 영문명: Introduction to the global trends of class and collective actions – from a standpoint of systematic competition –
• 발행기관: 한국민사소송법학회
• 저자명: 함영주(Young Joo Ham)
• 간행물 정보: 『민사소송』제16권 제1호, 327~360쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.05.30

영문 초록

The number of countries that admitted collective litigation or class action have increased a lot last decades. These changes were triggered by the efficiency of American class action system. For this background, many countries pros and cons on admitting American class action system. Corporate persons with experiences have been defending themselves vigorously with the American class action system for a long time. They are trying to find out similar but weak alternative system of class action. Consumers and investors advocates strongly opt–out type of original American class actions. They are strongly upholding deterrence effect of American class actions. Under these circumstances, collective actions are emerging from a few European countries, which is different from American class action in its purpose. Some international conferences are also changing their way to find out alternative type of class actions. In the side of critics, they are suspicious the goal of system ; to weaken class action and get rid of core part of the system? The result is uncertain at now. These phenomena could say ‘systematic competition of collective/class action between common law and civil law.’ Another people says that appropriate systems are usually depends on the cultures of the country, and ADR could be a better way. I’d like to introduce new trends of class and collective action in this paper and help finding out appropriate multi–party litigation type/system in Korea.

목차

Ⅰ. 논의의 필요성

Ⅱ. 집단소송제 입법례 및 운영현황

Ⅲ. 최근 집단소송의 발전경과 및 주요 논점에 대한 검토

Ⅳ. 결어

참고문헌

키워드

대표당사자소송제도 대표소송제도 표준소송제도 그룹소송제도 집합소송제도 제외신고형과 참가신고형 금전손해배상형 금지청구형 회복적 사법 공적집행기관 class action representative litigation Mussterverfahren group proceedings collective litigation opt– out opt– out money damages declaratory judgments restorative justice public enforcement agency