소비자･근로자 보호관할 제도의 현황과 개선 방안

Abstract

In 2001 the Korean Private International Law(KPIL) provides the special rules on jurisdiction for contracts with consumers(Art. 27) and special grounds of jurisdiction for individual contracts of employment(Art. 28) to protect them in the field of International jurisdiction as well as in the field of private international law. At that time KPIL adopted mainly the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and it was revised and converted into Brussels I Regulation(Council Regulation (EC) No. 44/2001 of December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters). Therefore,we have to review the clauses of protective jurisdictions in KPIL in order to reflect the changes of legal situation of Korean societies. In consumer protection area, e-commerce transactions were boosted and mobile consumers were also increased rapidly and needed seriously collective redresses such as class action and group litigation. And we have to revise protective jurisdiction clauses in KPIL to reflect the above mentioned social needs. As for the individual contracts of employment, problems of qualification of employee and status of dispatched workers were raised in these days. We have to examine some cases of the Korean Supreme Court which have handled related issues such as dispatched workers. Furthermore, the more we protect the consumers and employees in the field of international jurisdiction of civil litigation, the more the stronger parties(business operators and employers)try to make an arbitration agreement with the weaker parties to avoid protective jurisdiction clauses in the civil litigation. And we have to make another protective devices for the weaker parties in the field of Alternative Dispute Resolution such as an arbitration. Finally, in this article the newly revised Japanese Code of Civil Procedure for international jurisdiction will be dealt with the Hague Convention and Brussels I Regulation because international jurisdiction clauses of JCCP should be full of suggestions.