금융시장 규제방법으로서 상품개입권

The European Commission introduced the Financial Instruments Market Directive (MiFID I) to enhance the competitiveness of financial markets, protect the interests of market participants, and further apply unified legislation. However, the development of the financial markets and the emergence of various financial products have hampered the transparency of the financial market and the function of the market. As a result, the European Commission has published a revised guideline (MiFID II) and the Financial Instruments Market Regulation (MiFIR) supplementing the guideline to improve investor confidence and financial market transparency. The MiFID II and MiFIR legislative packages have a primary focus on protecting investors. In particular, the European Commission intended to control the goods directly at the point of sale of the goods through MiFIR, in addition to regulating the goods. Through this regulatory approach, regulators have introduced product intervention to enhance investor protection and financial market transparency. The product intervention entry is a new regulatory method of the European Union that aims to prevent collective consumer protection while at the same time preventing negative risks in financial markets. This paper discusses the product intervention of commodity entry by supervisory agencies as defined in MiFIR. This is a precautionary regulatory method of regulatory authorities, which can protect investors by effectively preventing unfair trade practices in financial markets. Therefore, I would like to elucidate the implications for the protection of investors in Korea by discussing the general definitions and characteristics of the right of product entry, protection purpose and premise requirements.