Public interest litigation

Public interest litigation (공익소송/公益訴訟) is litigation for the protection of the public interest. In Korea, a number of non-government organizations (NGOs) and civic groups are advocating the poor, the disabled, the underpriviliged, etc. in the court proceedings.

Take an example of the Public Interest Advocate Group for the "Anti-Discrimination against and Remedies for the Disabled" (장애인차별금지 및 권리구제를 위한 공익소송지원단). A civil organization (장애우권익문제연구소 Call 1577-5364 / 02-2675-8153) is operating the advocate group in order to prevent discrimination against, and violation of human rights of, the disabled and to support sufficient remedial compensation toward the victims. The public interest litigation is necessary because ordinary lawsuits are associated with:
 * expensive legal fee and other costs
 * difficult procedure and terminology of lawsuits
 * information asymmetry toward the aggrieved party.

Key words
public interest, pro bono activity, NGO, litigation, disabled

Legal and Social Consequences
In April 2007, the Anti-Discrimination Against and Remedies for Persons with Disabilities Act (장애인차별금지 및 권리구제 등에 관한 법률) was established and came into force one year later.

Ever since the entry into force of the above Act, petitions of the disabled victims to the National Human Rights Commission (NHRC, 국가인권위원회) of Korea have increased explosively. However, KHRC's recommendation could not amount to the enforceable court ruling. So the solution provided by the Act seems to be impractical in terms of remedy.

In this connection, the public interest litigation actually produce some desirable consequences to prevent further social discrimination, violation of human rights and other damages to the underprivileged, thus leading to improved social status of the disabled. Non-government organizations do not have sufficient resources enough to help the disabled victims. The Korea Legal Aid Corporation (KLAC, 대한법률구조공단) are not equipped with counselors well versed in the disabled either.

Against these backdrops, newly organized Public Interest Advocate Group for the Anti-Discrimination against and Remedies for the Disabled was a good news and could contribute to the improved welfare of the disabled.

Cases
The Korean Bar Association (KBA, 대한변호사협회) succeeded in the collective lawsuit against Kia Motors which had misrepresented the airbag safety of its Carnival model. The plaintiffs were paid from 250 thousand won to 1,250 thousand won for damages by Kia Motors. It was the first public interest litigation staged by the KBA in 2011.

It was reported, KBA argued, that Kia Motors had misrepresented "curtain airbag" which was to be equipped at the third row seat of the Carnival model, more than three thousand cars of which sold since 2008 in Korea. KBA pointed out it had been explicitly false advertisement for more than two years, and such marketing practice discriminating local cars from exported one equipped with the said airbag should be blamed.

The subcommittee for Public Interest Litigation (chaired by Im Chi-Yong) formed the plaintiff group via KBA website (www.koreanbar.or.kr) and telephone (02-3476-4045), and gathered effective evidence for the trial.