현행 금융분쟁해결제도의 평가 및 개선방안

The recent financial market is changing rapidly due to deregulation and internationalization of financial companies with the flow of side work. Because of the development of the financial market, financial consumers who use financial products and financial services are also increasing. As the varied and complex financial products and financial services appeared, consumers who little have the financial knowledge made the public finance-related complaints and disputes. In particular, unlike consumer disputes and conflicts, the case of financial has features, such as expertise, complexity, uniqueness, so efficient dispute resolution is difficult. In addition, financial consumer finance company in resolving the dispute over economic, informative, an absolute disadvantage in bargaining power between the parties in dispute resolve the dispute as fair is difficult. In general, in relation to financial products and financial services, as a dispute occur, parties can choose to resolve the dispute the Parties agree, through litigation method, dispute resolution by self-regulatory organization. First, through an agreement between the parties is the easiest and fastest way to resolve disputes. However, there may be trouble -unfair agreements, implementation agreements- in the process of agreement in case either party has a relatively prominent position. Second, to resolve the dispute through litigation through the state judicial bodies to resolve disputes in a definitive is the most powerful way. However, there are problems such as excessive ordination costs, delays in dispute resolution, procedural complexity, unfit for a small-sum. Third, using dispute resolution by self-regulatory organization for dispute resolution by ADR is a way to resolve the dispute. ADR is alternative dispute resolution designed for the purpose of resolving the problems of litigation. ADR induces voluntary participation of the parties to the dispute, rapid and simple, flexible, and more reasonable dispute in accordance with the procedures. In addition, it resolve disputes with financial experts who satisfy certain requirements and dispute resolution procedures are characterized of the closed proceedings. Typically the type of ADR settlement, conciliation, mediation, arbitration are being utilized. And the United Kingdom and the United States, Canada, Japan and other major financial countries heightened the interest in ADR in the financial and institutional finance for the activation of ADR proceeds are constantly looking for improvements. In Korea, the Financial Supervisory Service(FSS), the Korea Consumer Agency(KCA), the Korea Exchange(KE), the Korea Financial Investment Association(KFIA), etc. with ADR Financial Dispute Resolution doing business has been. Even the Korea Consumer Agency(KCA) and all disputes relating to the consumer's life it is intended to resolve them, and the Financial Supervisory Service Director is subject to all financial related disputes that are the target. Thus, Korea's dispute resolution institutions required stable and easy to access dispute the settlement resolves the system in order to develop finance the event of any dispute unified and systematic basis through quickly and smoothly resolving disputes for financial institutions or financial consumer's trusted financial dispute resolution institution. In addition, for the activation of an financial institutions ADR system, continued improvement and promotion activities and public relations efforts to improve the level of financial consumers should be carried out through financial education.