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학술논문금융법연구2012.12 발행KCI 피인용 27

P2P금융에 관한 법적 연구

A Legal Study on the P2P (Peer to Peer) Finance

윤민섭(성균관대학교)

9권 2호, 449~488쪽

초록

P2P (Peer-to-Peer) Finance is an open marketplace for loans not from bank but from individuals online. Financial transactions are facilitated directly between individuals ('peers') without any intermediation of a traditional financial institution. Financial intermediaries, such as banks, help bridge the gap between suppliers and users of capital. All lending faces certain challenges and transaction costs. Borrowers often require money for a longer period of time than that for which ordinary lenders wish to lend. But P2P finance assists borrowers and lenders to effect financial transactions without employing a traditional intermediary. But, for all of P2P lending's merits, it also raises serious concerns. P2P lenders often fail to appreciate the risks associated with investment. Currently, the two major Korea P2P Finance platforms facilitate lending by allowing individuals acting as lenders to invest in loans to individual borrowers. Money-Auction and Pop-Funding, the two major for profit platforms, screen and rate the creditworthiness of potential borrowers. But, there is no regulation and regulator about the P2P Finance platforms, and protection against P2P Finance Users. So, it needs to be regulated on the P2P Finance. For the activation of P2P Finance industry, the regulator should consider the costs of intervention, calibrating the regulation to mitigate risks without creating new problems for users or platforms.

Abstract

P2P (Peer-to-Peer) Finance is an open marketplace for loans not from bank but from individuals online. Financial transactions are facilitated directly between individuals ('peers') without any intermediation of a traditional financial institution. Financial intermediaries, such as banks, help bridge the gap between suppliers and users of capital. All lending faces certain challenges and transaction costs. Borrowers often require money for a longer period of time than that for which ordinary lenders wish to lend. But P2P finance assists borrowers and lenders to effect financial transactions without employing a traditional intermediary. But, for all of P2P lending's merits, it also raises serious concerns. P2P lenders often fail to appreciate the risks associated with investment. Currently, the two major Korea P2P Finance platforms facilitate lending by allowing individuals acting as lenders to invest in loans to individual borrowers. Money-Auction and Pop-Funding, the two major for profit platforms, screen and rate the creditworthiness of potential borrowers. But, there is no regulation and regulator about the P2P Finance platforms, and protection against P2P Finance Users. So, it needs to be regulated on the P2P Finance. For the activation of P2P Finance industry, the regulator should consider the costs of intervention, calibrating the regulation to mitigate risks without creating new problems for users or platforms.

발행기관:
한국금융법학회
분류:
법학

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