환경관련 다수당사자 분쟁과 집단소송

초록

There are both negative and positive evaluations on class action. In the meantime, the introduction of class action has been delayed because it has been believed to go against the existing legal regime. Class action which was introduced in the securities field, a sphere no more important than the environmental division, is now urging its own introduction in the environmental branch. Environmental damage often generates more than one victim, and when this multitude of victims all separately file a law suit, judicial diseconomy may occur. Moreover, if the amount of damage is minimal, it is even harder to file a suit against the offender due to cost of litigation. As an alternative to tackle such problem, class action which is already being administered in the United States can be brought up. Class action can be positively appraised in that it can relieve the injured persons which is numerous but individually have the small amount of damages by easing the legal proceedings. Also, class action can be a means to simplify the lawsuit for not only the person involved but also the court. In order to promote the system, some improvements must be made. For instance, we need to enlarge the objet of lawsuit, grant standing to environmental organizations, flexibly apply permit requirements, accept the opt-in, reduce the cost of notice and lawsuit, give incentives to attract representative plaintiffs and lawyers, and develop methods to efficiently assess and distribute the awards. However, the class action faces criticism in that it may violate the rights to litigate of those who do not participate in the lawsuit, raise possibilities of abuse of actions, go against existing legal system, and focus more on the lawyers profits than the constituents of the lawsuit. Thus, it will be important to develop devices that can block such abuses. Some good examples include, establishing the concept and scope of environmental damage, specifying the subject of application, identifying specific permit requirements, the court`s permit on lawsuit·settlement·lawyer nomination, strengthening the procedures (for example, the guarantee of notice, publish, opt-in, etc.), suggesting reasonable amount of fee for lawyers, and imposing penalties or charges. Class action in the environmental field can have positive prospects if we make the most out of previous experiences from in and out of the country and draw up a precise plan.

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