When a party sues in court while a damage-relief application is being processed at the Korea Consumer Agency, what must the party tell the Agency, and what must the Agency then do?
General information · Not legal advice
Material to check
In a practice file we read the damage-relief application and the papers the Korea Consumer Agency has gathered on it, the complaint filed with the court together with its filing date, and any notice the filing party sent to the Agency, since what the provision turns on is when the Korea Consumer Agency learned of the filing.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows both duties as written: a party that has filed a lawsuit while the damage-relief procedure is under way must notify the Korea Consumer Agency of that fact, and once the Agency learns of the filing it must suspend the procedure without delay and notify the party of the suspension.
Another reading stresses that the Agency's duty is keyed to its own knowledge, phrased as the moment it learns of the filing, so the notification the provision requires from the party is a duty whose breach the provision does not itself penalise, and what suspension means for the relief sought, or how it later resumes, is left open.
Your judgment
If the Agency went on processing because no notice arrived, what in the file would fix the point at which it first learned of the filed action?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to prescribe the form or timing of the party's notification, or to govern resumption after suspension, or if a court decision fixes when the Agency is treated as having learned of the filing.