An Analysis of the Executorial Authority of the Consumer Dispute Settlement Body in Resolving Consumer Disputes

Abstract

The Consumer Dispute Settlement Body (CDSB) is an institution authorized to resolve consumer disputes through non-judicial means. Established as an alternative mechanism, the CDSB offers consumers a dispute resolution process that is fast, simple, and cost-effective, with streamlined administrative procedures and low litigation costs that aim to produce mutually beneficial outcomes. According to Article 54(3) of the Consumer Protection Law, CDSB decisions, resulting from mediation, arbitration, or conciliation, are declared final and binding, meaning the dispute is considered resolved and the decision is enforceable. This interpretation aligns with the legal principle res judicata pro veritate habetur, which holds that decisions no longer subject to legal remedies possess definitive legal force. However, this is contradicted by Articles 56(2) and 58(2) of the same law, which allow objections to be filed with the District Court and subsequent appeals to the Supreme Court, thereby undermining the notion of finality and binding authority. This study adopts normative legal research, viewing law as a normative system composed of principles, statutes, court decisions, agreements, and legal doctrines. The term "objection," typically used in administrative contexts, is not standard in procedural law, and given the legal requirement that the District Court must issue a ruling within 21 days, such objections are more appropriately interpreted as appeals. Thus, the finality of CDSB decisions applies only within the institution itself, while at the judicial level, those decisions remain subject to further legal review, indicating that the executorial authority of the CDSB is not absolute.