영국에 있어서 금융옴브즈만 제도의 전개와 장래

This paper seeks to draw lessons from the financial ombudsman service system in England from the increased financial disputes, focusing the raising, implications and the future of FOS. The FOS is a statutory, informal dispute resolution service, established under FSMA but independent from the FSA. It operates as an alternative to the civil courts. Its role is to resolve disputes between individuals or small businesses and financial firms quickly and with minimum formality on the basis of what is fair and reasonable in the circumstances of each case. In considering what is fair and reasonable, The FOS will take into account the relevant law, regulations, regulators’ rules and guidance and standards, relevant codes of practice (such as Code), and good industry practice at the relevant time. The FSA has statutory oversight of The FOS. The FOS decisions, if accepted by the complainant, are binding on respondent businesses and it can make awards of up to £100,000. The service is free to consumers. The FOS is funded by the financial institutions which it administers complaints against. Complaints can be administered providing the complaints process with the financial institution has been followed. The Ombudsman function in a financial sense is essentially a mediation service which ensures any one with an issue or misunderstanding regarding matters of money is treated to free, impartial advice from a totally independent source. The FOS was amended in 2003, and FSA continued to effort reform of FOS in the aspect of strengthen the function. But in 2010, the ruling conservative party determined the structure of financial supervision as twin peaks model from an integrated model. According to the plan, FSA was abolition till 2012. By the change of regulatory system, the change of FOS also inevitable. But the writer expect that the core function, experienced merit and fundamental structure of FSA will be succeed to the Consumer Protection and Markets Authority.