금융소비자보호의 문제점과 개선방안에 관한 연구 (A Study on the Problem and Improvement of the Protecting Financial Consumers)

서지정보

· 발행기관 : 중앙대학교 법학연구원
· 수록지 정보 : 法學論文集 / 37권 / 1호 / 169 ~ 205페이지
· 저자명 : 변환철, 이재성

초록

This paper explores problems of the existing protection system of financial consumer and examines what kinds of law should be improved in order to protect the consumer.
Recently, many have perceived the need to strengthen the system of financial consumer since the United States sub-prime mortgage infecting the world collapsed. Although the Korean financial industry has developed quantitatively and qualitatively, the most important aspect of consumer side to consider is that the industry has rarely growed. Thus the financing system should be checked in order to protect consumers under this condition.
The current provisions of financial consumer protection have inconsistent system and contain the possibility of dispute caused by the classified financial protection as partition walls. The Capital Market and Financial Investment Business Act 2007 has helped not the consumer protection but the investor protection. The Financial Supervisory Service has not played a major role in not only strengthening consumer protection due to the inordinate supervision of every financial group on the basis of consolidated finance, but also helping the damaged consumer because of inappropriate financial suit.
For better system of the consumer protection, the following are suggested. Firstly, the government should introduce the Financial Consumer Protect Act to resolve disputes such as the difference of regulation and the lack of agreement. The Financial Consumer Protect Act should include as follows and provide the pre and pro protection with the financial consumers.
1. The purpose of making laws, the definition of financial consumers and financial goods, the general principle of financial consumer protection 2. The regulation of business distributors such as the duty of explanation, the principle of suitability, the regulation of advertisement and agreement.
3.Consumer protection agencies taking charge of protecting financial consumers.
4. Financial dispute resolution and civil procedure as a pro protection.
5. Introducing laws for financial education.
For protection financial consumers, the function of advanced supervision is needed. The Financial Supervisory Service in Korea acts like the British's financial supervisory does, that is, the Financial Supervisory Service mainly focuses on consumer protection. However, unlikely the British's one, the Financial Supervisory Service faces a difficult situation between the financial supervisory and the consumer protection. Thus both introducing the Financial Consumer Protect Act and establishing Consumer Financial Protection Agency should be considered.

영어초록

This paper explores problems of the existing protection system of financial consumer and examines what kinds of law should be improved in order to protect the consumer.
Recently, many have perceived the need to strengthen the system of financial consumer since the United States sub-prime mortgage infecting the world collapsed. Although the Korean financial industry has developed quantitatively and qualitatively, the most important aspect of consumer side to consider is that the industry has rarely growed. Thus the financing system should be checked in order to protect consumers under this condition.
The current provisions of financial consumer protection have inconsistent system and contain the possibility of dispute caused by the classified financial protection as partition walls. The Capital Market and Financial Investment Business Act 2007 has helped not the consumer protection but the investor protection. The Financial Supervisory Service has not played a major role in not only strengthening consumer protection due to the inordinate supervision of every financial group on the basis of consolidated finance, but also helping the damaged consumer because of inappropriate financial suit.
For better system of the consumer protection, the following are suggested. Firstly, the government should introduce the Financial Consumer Protect Act to resolve disputes such as the difference of regulation and the lack of agreement. The Financial Consumer Protect Act should include as follows and provide the pre and pro protection with the financial consumers.
1. The purpose of making laws, the definition of financial consumers and financial goods, the general principle of financial consumer protection 2. The regulation of business distributors such as the duty of explanation, the principle of suitability, the regulation of advertisement and agreement.
3.Consumer protection agencies taking charge of protecting financial consumers.
4. Financial dispute resolution and civil procedure as a pro protection.
5. Introducing laws for financial education.
For protection financial consumers, the function of advanced supervision is needed. The Financial Supervisory Service in Korea acts like the British's financial supervisory does, that is, the Financial Supervisory Service mainly focuses on consumer protection. However, unlikely the British's one, the Financial Supervisory Service faces a difficult situation between the financial supervisory and the consumer protection. Thus both introducing the Financial Consumer Protect Act and establishing Consumer Financial Protection Agency should be considered.

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