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인터넷ㆍ모바일 공동소송의 현황과 대안

Title
인터넷ㆍ모바일 공동소송의 현황과 대안
Author
한충수
Keywords
집단적 구제소송; 권리신고방식 집단소송과 제외신고방식 집단소송; 단체소송; 공동소송; group action; opt-in and opt-out class action; representative action; joint action
Issue Date
2012-12
Publisher
한양대학교 법학연구소
Citation
법학논총 , 29, 4, 241 - 261
Abstract
The reform of collective redress has garnered significant momentum and engendered widespread debate in Korea particularly since Internet-Mobile Joint Action is wide-spread. Several important statutory and reform initiatives(Consumer Fundamental Law etc.) have occurred during this period. While many legal and policy conundrums have arisen for discussion, perhaps the most important question hovering above the debates and consultations on the subject can be reduced to this: representative action(Verbandsklage) or class action and opt-in or opt-out class action?Some significant opt-out innovation has occurred in Europe--but only in three jurisdictions in which a legal will and a political determination have successfully married. These three opt-out regimes are completely disparate in their operational triggers, and in this author's view, may conveniently be categorized into three types: the pure opt-out model(Portugal);the two-part representative opt-out model(Denmark); and the settlement-only opt-out model(Netherlands). In this Article, the author argues that, despite the panoply of representative procedural regimes and opt-out collective action in securities litigation area available in Korea, there is a demonstrable need in Korea for a further and complementary procedural device, viz, an opt-out collective action. And several of the “hard lessons” learned under the existing Europe regimes may prove to be of some interest and utility to law reformers and jurists in Korea. In a nutshell, “something more” is required to facilitate the litigation and testing of widespread grievances among Korean citizens, in circumstances where, presently, these grievances are being neither addressed nor compensated.
URI
https://www.kci.go.kr/kciportal/ci/sereArticleSearch/ciSereArtiView.kci?sereArticleSearchBean.artiId=ART001732019http://hdl.handle.net/20.500.11754/42911
ISSN
1225-228x
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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