Group lawsuit for consumer to be introduced¡¦ Even ¡®management secret¡¯ should be submitted in upon court request
Kwon Dae Gyung | kwon213@ | 2018-02-23 11:53:30

Consumer sector class action lawsuits will be introduced in the future to ensure that small numbers and large numbers of victims can receive immediate relief at low cost. In addition, if the court has a request for data submission, the company must submit the data even if it is a business secret. As a result, civil remedies will be strengthened.

Kim Sang-joo, chairman of the Fair Trade Commission, announced the final report on the law enforcement system improvement task force.

The TF agreed with the adoption of the consumer class action lawsuit. However, the scope of the introduction was limited to the limitation of collusion, product liability, and display advertising, and it was agreed that this should be widely applied. The method of application is also opt-in, ie, a method of granting the effect of a judgment only to the member who applied for participation, and an opt-in, which gives the effect of the judgment to all the victims, out `, but did not make a final decision.

Mr. Kim said, "The improvement of the law and system is not something we can do at the same time." We will use the TF report as a reference when we formulate social consensus or prioritize. "

TF is also required to submit company data in order to help victims to obtain evidence in damages lawsuits between companies and consumers, to expand dispute settlement system under Fair Trade Act, to promote arbitration dispute settlement system and it also agreed that it was necessary. However, the scope of the scope of dispute settlement has been proposed to extend the scope of unfair trade activities except for unfair support activities and to take all kinds of violations.

The TF formed a consensus on the need and the "paternity litigation" in which the state litigates from the public interest standpoint on behalf of victims who are difficult to sue. However, as there is no case outside the United States and there is a discussion on the introduction of the class action lawsuit, I decided to look into the details again.

There are three proposals, namely abolishment of exclusivity, abolition of system by institution of objection, and abolition of selection. The FTC decided to set a final draft after thorough consultation with the prosecution.

Meanwhile, Kim stated that he will discuss and make a special committee to prepare a plan to reform the entire Fair Trade Act at the end of the year. Kim said, "We will organize a total of three sections to discuss the TF report contents and issues." We will announce detailed plans next month. "

Since TF has held a total of 11 meetings since August last year, TF has been able to improve its own complaints, introduce a bill for the prohibition of signing, abolish the complaint against the 3 distribution methods, collaborate with affiliated local governments, The FTC is planning to improve the law and system by adding the contents of the class action lawsuit announced on this day. Specifically, the TF will present opinions in the parliamentary deliberation process for the proposed legislation, and plan to include in the revision of the entire fair trade law areas that have not yet been initiated.

Sejong= By Kwon Dae Gyung kwon213@


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