集團訴訟 제도의 도입 방향에 관한 硏究

다국어 초록 (Multilingual Abstract)

Recently, the modern disputes which accompany collective and diffused damages such as consumer conflicts and pollution conflicts occur frequently because of the rapid industrialization and the complexity of social environment. But the present litigation system can't relieve damages satisfactorily. On account of that, public criticism is aroused in the form of the collective enmity of the people. It is the judicial settlement that fixes the conflicts desirably.
To cope with these conflicts, there is Class Action in America In Korea, the discussion to introduce Class Action is being hotly spread out.
In this thesis, the writer will grope for the direction of our system by examining the developed system of America.
In the position of a plaintiff, the collective litigation system is the useful means of judicial relief for many victims with small sum damage. In the position of court, the collective litigation system can promote the judicial efficiency through the unificative decision.
The Class Action of America gives the right to litigate to a private person in principle and doesn't limit it to a specific person.
Moreover, the Class Action of America is applied to the post-relief of damages yet happened. The identity of the Korean environmental law must be secured not through closure and insulation but through open-hearted attitude and positive groping. In this sense, the discreet selection of comparative law and imported law is required.
The introduction of Class Action doesn't settle all questions. The important thing is not the introduction of the collective litigation system but its proper administration and strong will to settle the question.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 美國의 代表當事者 訴訟
• Ⅲ. 대표당사자 訴訟의 대표적 사례
• Ⅳ. 集團訴訟制度 도입에 부정적인 견해와 이에 대한 反論
• Ⅴ. 우리나라 集團訴訟法 도입에 대한 考察
• Ⅵ. 바람직한 집단소송법 제정방향
• Ⅶ. 결론
• [ABSTRACT]