금융소비자보호법에서의 사후구제 제도에 관한 고찰

After the global financial crisis, Korea has been interested in protecting financial consumers by going through large-scale financial consumer damage cases such as KIKO, Tongyang Securities, and Savings Bank. After about 10 years of effort, the law took effect on March 25, 2021. The Financial Consumer Protection Act is a fundamental law on the protection of financial consumers, and it reorganized the six sales principles and introduced a functional regulatory system called the same function - same regulation. In particular, the law strengthened relief measures in the event of financial damage to financial consumers. First of all, to ensure the effectiveness of the dispute mediation system, a system for suspension of litigation procedures and a system for prohibiting deviation from mediation in small claims were prepared. In the litigation, in order to alleviate the burden of proof on the consumer, the financial company had to prove that there was no intention or negligence in the violation of the duty of explanation. In addition, in order to strengthen the rights and interests of consumers, the right to request data access, the right to withdraw subscription, and the right to terminate illegal contracts were introduced. Finally, the punitive penalty system and the right to order sales restrictions were introduced to prevent illegal acts by financial companies and minimize consumer damage. These systems are expected to protect financial consumers strongly. There are additional systems that are being discussed for introduction, but It could be improved in the future as the law is enforced. However, excessive regulation hinders the development of the financial industry, so we should improve the financial consumer protection system from a balanced perspective.