금융분쟁과 ADR에 관한 연구 - 영국 FOS의 시사점을 중심으로 -

Financial Consumer Protection Division at Financial Supervisory Service in Korea (Hereunder ʻʻFCPDʼʼ) and Financial Ombudsman Service in U.K. (Hereunder ʻʻFOSʼʼ) are in common that both organization are the most popular financial dispute resolution vehicle in Korea and in U.K., respectively. In terms of independence and performance, however, there are quite a big differences between two organizations. One of obvious reason why is One Sided Binding Power on each organizationʼs dispute resolution proposal. The dispute resolution proposal of FOS has the legal power to put things right whereas that of FCPD has no legal power to put things right. During last several decades, the asymmetry of information between financial institutions and financial consumers has been drastically increased which raised the need for helping the consumers, so that we can keep the justice on free contract. Considering the asymmetric structure of financial transactions, the assistance from specialized organization such as FCDP and FOS should be enlarged. However, there is big gap of performance between FDCP and FOS. There two reasons for the gap. One is independence and the other is legal power to put things right, such as one sided binding power.