우리나라 특유의 집단분쟁에 대한 ADR방식의 대안모색- 식품, 집단시위 집단소송법 제정논의와 관련하여 -

Abstract

The debate about class action, which is related to environment, food, and illegal strikes, is now being reignited in Korea’s National Assembly. The new ruling Grand National Party, which traditionally antagonistic to class action, now want to introduce class action suits as a way to compensate victims of illegal collective actions such as illegal rallies and strikes. The opposition party oppose this act as a weapon to stifle the right of rally and strikes. They think that this act is trying to suppress common sense as well as the freedom of the media, publication and expression as guaranteed by the Korean Constitution. The ruling party says that the rule of law has collapsed and the fundamental principles of the government have been destroyed because of chaotic illegal rallies and strikes. Therefore, the new class action bill plans to recover store owners who suffered from a fall in revenues due to illegal rallies, to file class-action lawsuits against rally organizers. Under the current korean law, victims can file only representative group litigation (Seon-jeong-dang-sa-ja Sosong [선정당사자소송] in Korean law) to recover their compensation. But, on the contrary, this present system caused a massive retaliation from protesters who got their private records in their written complaints. The protesters menaced with a phone call, picketed in front of complaint’s shops and posted complaint’s record on the internet. Superficially the two parties reversed their political views about class action after the change of regime, they actually had and have been choosing the field advantaged to them. They all struggle against general class action bill which can cause burden to their party’s supporters. In spite of those party’s policy decision by their own self interest, solving mass litigation has become present national problem awaiting solution. Upgrading the index of Korean National competitiveness can be gained only after solving mass disputes which is spread to all over the country for a long time. Under these Korean social and cultural backgrounds, I propose to establish Korean National Dispute Management System. I proposed a buleprint of Korean style mass disputes solving system, which is hybrid-, private sector participated- and ADR-oriented system based on Korean tradition in this paper. This is a sort of down-top and lower people friendly system. At this system, judge or lawyer have to exert himself or herself to hearing the voice of inflicted mass victims on-the-spot.