금융소비자분쟁조정제도의 개선방안에 관한 연구 - 금융소비자보호기구 개편방안 분석을 중심으로 -

This paper proposes measures to improve the finance consumer dispute resolution schemes, in connection with the establishment of the financial consumer dispute resolution agency, referring to suggestions from the National Assembly and academia, as well as tracking issues around the current Finance Dispute Resolution Commission and the Consumer Dispute Settlement Commission. Basic principles for the dispute resolution scheme are trust from consumers, mediators with expertise, fairness and objectivity in the process, and consumers' accessibility to the system. Leaving some basic principles for the dispute resolution scheme, economic efficiency should also be taken into account for the establishment of relevant organization. The existing Finance Dispute Resolution Commission has been criticized for poor external evaluation, its fairness and limited throughput. On the other hand, Consumer Dispute Settlement Commission has limitations as well, such as procedural delay and effectiveness of the enforcement, in spite of relatively good external reputation. This paper re-examines the key features of the existing Finance Dispute Resolution Commission, in the context of fairness, trust and expertise. Further, this paper suggests a switch of the burden of proof between consumer and financial institutions, and also recommends using existing relevant commissions in a more efficient way rather than to launching a new organization.