금융광고와 금융소비자 보호 - 규제 정비방향과 법적 과제 -

It is not limited to the stage of sale that financial companies influence the financial consumer in the process of selecting and contracting about financial products. From a previous stage, advertisements from TVs, newspapers, magazines, and flyers, information posted on Internet sites, and various advertisements attached to buses, subways, taxis, etc., give influence some image about financial products. In this way, the preceding image influences the choice and behavior of the financial consumer, before appropriately providing specific information about the financial product. Moreover, in recent years, more and more advertisements have been linked to advertising and sales promotion in order to induce immediate action of financial consumers. In order to protect consumers of financial advertising, each financial related financial business law regulates financial advertising regulation. Since there is no definition of advertisement in the financial companies related Act, it is regulated based on the definition of the law on Fairness of Display and Advertisement. The Financial companies related Act stipulates essential advertising markings, prohibited matters, and preliminary deliberations by self-regulatory agencies. However, the effectiveness of discipline is questioned because there are differences in the discipline system, discipline method, and discipline level of each product. The number of regulatory violations is increasing and the possibility of financial consumers’ damage is expected to increase due to the development of new advertising techniques such as new advertising media and targeting advertisements. Regarding the difference in the handling of regulations by financial sector, it seems that more uniform and consistent rules are needed except rational differences based on characteristics of financial products and services. To do this, it is desirable to clarify the regulatory principles and to clarify the relationship between essential marking items and the handling of image advertisements. In addition, it is necessary to clarify the legal distinction between advertising and solicitation, and it is desirable to clearly define the reasons for exclusion of advertising regulation. This legal clarity is expected to increase the efficiency and effectiveness of financial advertising regulation. On the other hand, in the case of mandatory marking of advertising, it is necessary to provide more clear and unified financial products so that the purpose of the advertisement can be taken into consideration. It is also necessary to strengthen the accessibility of the contents of advertisements in case of post – dispute. Finally, considering that the distinction between advertisement and solicitation becomes unclear due to the development of ICT as the targeting advertisement becomes active, it is necessary to search for a method to be subject to solicitation regulation in the case of an advertisement that attracts a specific person. Currently, the government bill of financial consumer protection Act has been submitted to the National Assembly. However, the contents of the government ‘s advertising regulations are more advanced in terms of having a consistent system compared to the each financial companies related law. However, some points mentioned above are missing, requiring corrective action. In consideration of the fact that the enactment bill has not yet been passed by the National Assembly, details will be left to the next study for matters to be regulated by the other enforcement decree.