When a consumer sues a business, they don't need to prove the business's fault, right?

1. Burden of proof

Pursuant to Article 91 of the 2015 Civil Procedure Code, the burden of proof is stipulated as follows:

1. A party requesting the Court to protect his/her legitimate rights and interests must collect, provide and submit to the Court documents and evidence to prove that the request is well-founded and legitimate, except in the following cases:

a) Consumers filing a lawsuit are not obliged to prove the fault of the organization or individual trading in goods and services. The organization or individual trading in goods and services being sued is obliged to prove that they are not at fault in causing the damage according to the provisions of the Law on Protection of Consumer Rights;

b) If the party is an employee in a labor case and cannot provide or submit documents and evidence to the Court because such documents and evidence are being managed or kept by the employer, the employer shall be responsible for providing or submitting such documents and evidence to the Court.

If an employee files a lawsuit to unilaterally terminate a labor contract in a case where the employer is not allowed to exercise the right to unilaterally terminate the labor contract or in a case where the employee is not allowed to take disciplinary action against the employee according to the provisions of the labor law, the burden of proof belongs to the employer;

c) Cases where the law has other provisions on the burden of proof.

2. The party objecting to another person's request against him/her must express it in writing and must collect, provide and submit to the Court documents and evidence to prove that objection.

3. Agencies, organizations and individuals initiating lawsuits to protect public interests, the interests of the State or requesting the Court to protect the legitimate rights and interests of others must collect, provide and submit to the Court documents and evidence to prove that their lawsuits and requests are well-founded and legitimate.

Social organizations participating in protecting consumer rights are not obliged to prove the fault of organizations and individuals trading in goods and services according to the provisions of the Law on Protection of Consumer Rights.

4. If the parties have the obligation to provide evidence to prove but fail to provide evidence or do not provide sufficient evidence, the Court shall resolve the civil case based on the evidence collected in the case file.

In addition, Article 42 of the Law on Consumer Protection 2010 also stipulates as follows:

2. Burden of proof in civil cases on consumer rights protection

1. Consumers have the obligation to provide evidence and proof in civil cases to protect their legitimate rights and interests according to the provisions of the law on civil proceedings, except for proving the fault of organizations and individuals trading in goods and services.

2. Organizations and individuals trading in goods and services have the obligation to prove that they are not at fault in causing the damage.

3. The court decides the guilty party in a civil case on consumer rights protection.

Thus, when a consumer sues a business providing goods or services, the consumer only needs to provide evidence and proof in a civil case to protect his or her legitimate rights and interests without having to prove the fault of that business.

And the business providing the goods and services has the obligation to prove that it is not at fault for causing the damage.