금융소비자보호에 관한 법률(안)에 대한 비판적 검토 - 기본법 체계 도입 및 대출성 상품에 대한 적합성 원칙적용을 중심으로 -

Recently, due to the global financial crisis and “Tong Yang liquidity crisis” consumer protection becomes hot issue. To cope with this situation, the Korean government is to enact a new consumer protection law. This article deals with two problems that the draft bill has. First, its adoption of the principle called “same rules for similarly-functioning products”. To be specific, the draft divides applicable financial products into four categories - deposit products, insurance products, investment products and consumer credit products. Then, it applies same regulations to all products. But in some cases, different marketing system of financial products requires differentiated regulations in spite of their similar financial function. Also, the draft applies the suitability principle to all financial products, including consumer credit products. However, in the sense that the banks burden the risk of consumer credit products whereas financial consumers burden the risk of other financial products, different approach is needed. Second, the lack of consistency between the applicability of the law and supervisory power exercisable under the law. As mentioned above, the law applies to all financial products but lacks supervisory power over such financial products. This leads to the inefficiency and unenforceability of the law.