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학술논문상사판례연구2010.06 발행KCI 피인용 42

금융규제개혁과 금융소비자 보호

Financial Regulatory Reform and Consumer Financial Protection

정순섭(서울대학교)

23권 2호, 3~67쪽

초록

After the financial crisis of 2008, it has been an issue of hot debate how to reform financial regulatory system both in domestic and global levels. This paper examines the issue of consumer financial protection from a legal perspective. It proposes a wide regulatory approach to issue of consumer financial protection. Firstly, there should be a comprehensive legal concept of 'financial consumer' covering depositors, investors, insurance policyholders and borrowers. Secondly, more regulatory focus should be placed on the role of independent distribution channel. Thirdly, for legally binding force of ADR in financial services sector, we need an independent dispute settlement body with established legal basis. Fourthly, the organizational structure of financial regulatory system must be able to avoid conflicts of regulatory objectives and regulatory skills. Finally, financial regulation could not be based on zero-failure approach especially in respect of consumer financial protection.

Abstract

After the financial crisis of 2008, it has been an issue of hot debate how to reform financial regulatory system both in domestic and global levels. This paper examines the issue of consumer financial protection from a legal perspective. It proposes a wide regulatory approach to issue of consumer financial protection. Firstly, there should be a comprehensive legal concept of 'financial consumer' covering depositors, investors, insurance policyholders and borrowers. Secondly, more regulatory focus should be placed on the role of independent distribution channel. Thirdly, for legally binding force of ADR in financial services sector, we need an independent dispute settlement body with established legal basis. Fourthly, the organizational structure of financial regulatory system must be able to avoid conflicts of regulatory objectives and regulatory skills. Finally, financial regulation could not be based on zero-failure approach especially in respect of consumer financial protection.

발행기관:
한국상사판례학회
분류:
법학

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