소비자보호법제를 통한 금융소비자보호에 대한 소고

As the number of consumer harm in connection with the financial products is gradually increasing and the conflicts between financial companies and consumers are getting increasingly acute day by day, there is a consensus that we need the institutional equipment which can fundamentally settle the conflicts. But the current protection of the financial consumer through the regulations on the individual financial business category confronts the problems such as the difference or contradiction of the regulations between the categories of financial businesses and the regulation vacuum. These problems are expected to intensify in proportion as the sales channels of derivatives increase. And it is difficult to connect and organize the policy and the institutional support in relation to the protection of financial consumers of individual financial business category. Therefore it is necessary to legislate the general law for the protection of the financial consumers, control the business activities of particular business categories and form the institutional basis of protective policy of financial consumers. We need some essential systems in regard to the enactment of the financial consumer protection law. It may be summarized as follows. First, it is needed to make the limits of financial consumer clear. Second, to prescribe the regulations on the financial derivatives trading under the individual business law. Third, to provide the accurate information about the financial product in selling a financial product. Fourth, to sell the product by means of an appropriate process. Fifth, to secure the adequacy of sales encouragement facilities. Sixth, to establish the conflict resolution system. Seventh, to enforce the system to ensure the effectiveness of the regulations. Eighth, to protect the information of the financial consumers. Finally, it is needed to promote consumer protection through the compliance system. Considering current circumstances that the protection of financial consumer is becoming an important issue aside from the regulation of financial businesses, in order to protect financial consumers more systematically it is necessary to examine the financial consumer protection through the General Consumer Protection Law system which is the systematic law system for protecting consumers. Although there are many similarities between the Financial Consumer Protection Law and the General Consumer Protection Law system in terms of the purpose of legislation and the system, the Financial Consumer Protection Law is different from the General Consumer Protection Law in view of the cross-section regulation in trading the financial products, the supplement of the existing regulation vacuum in the range of financial businesses, and the special characteristics of trading financial products.