금융분쟁조정제도의 합리적 개선방안

We must be prepared the mediation system of the finance dispute for securing of effect of the system. The arbitration proposal by the autonomy mediation mechanism has the problems that are hard to secure the effect. In addition, as for the authorization right or wrong of the binding force of one side for mediation insisted on for the solution to such problem, it is not completely free by the issue of unconstitutionality. Recently a supplement plan of the mediation system is discussed by the issue of protection of finance consumers. It is an alternative plan that we adopt a finance arbitration system as to solve this. The reason is because the finance arbitration system is expected the autonomy dispute solution system that can deal with a finance dispute. The arbitration system does not generate in particular the issue of unconstitutionality such as the effect of one side of the mediation system either. It is necessary to be improved so that the consumers propose group dispute mediation in consumers dispute mediation system for the supplement of the current dispute solution.　When consumers propose group dispute mediation, the possibility that it is done reckless complaint as an application for group dispute mediation will be little by a Enforcement of Decree of the Consumer Basic Law. In addition, it is necessary to do the making of the compensation plan for the consumers who put on the damage as the person who is not the person concerned of the group dispute mediation when an enterprise accepts contents of the group dispute mediation of mediation committee in a compulsion duty matter.