Risk and Opportunity of Interest Conflict Settlement : Introduction of Consumer Collective Lawsuit (Verbandsklage)

이해관계 갈등조정의 위기와 기회 - 소비자단체소송제도의 도입 -

  • 민현선 (재정경제부 소비자정책과) ;
  • 장주성 (재정경제부 소비자정책과)
  • Published : 2006.06.02

Abstract

The purport of this paper is to deduce political implication and significance of the proposed redress scheme of 'Consumer Collective Lawsuit (hereinunder "CCL")' under way to be introduced by the Korean government via various assessments per each phase of policy implementation process. To this end, the paper classifies the subject policy (referring to CCL) implementation process into 4 phases: policy origination, policy enactment, policy advertisement, and policy execution. Based on the said classification, assessments per each phase together with pros and cons analysis have been conducted. Through the aforementioned analysis, the paper concludes the following political implication and significance of CCL under way of introduction: - 1. In the case of policy origination led by external parties, a social consensus by and from involved parties with various interests is the most critical; 2. Prior feasibility and/or suitability study is also crucial in the policy implementation procedure; 3. To mitigate inter-ministerial conflicts that might arise from the due policy making procedure, democratization of conflict settlement mechanism, and institutionalization of participation in and disclosure of policy making process are cal led upon; and 4. Prior planning wi th respect to the public relation and advertisements of the subject policy on the table poses substantial significance.

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