금융플랫폼의 개인맞춤형 광고가 금융소비자보호법상 금융상품의 권유에 해당하는지에 관한 고찰

Due to the spread of Coronavirus Infectious Disease-19, which occurred around the beginning of 2020, significant changes have occurred in the Korean financial industry. The financial industry, which had been grafting face-to-face services with non-face-to-face services, began to expand its business area by focusing on non-face-to-face services rather than face-to-face services due to the spread of COVID-19. At the same time, the regulatory laws and regulations related to the financial industry cannot accurately regulate in line with the changes in the industry, and the possibility of a regulatory gap is very high. Furthermore, financial platform operators that do not operate face-to-face operations from the beginning have also emerged and are actively exploring the market. The financial platform armed with data called the crude oil of the 4th industrial revolution compares and shows interest rates under the most favorable conditions without any knowledge with the user, or furthermore, the card with the greatest benefit according to the user's financial life pattern. We offer personalized recommendations for insurance products. Due to these changes in the environment, certain questions arose as to whether the justification of the previous recommendation regulation could be carried out as it is. In the case of face-to-face sales, it was relatively easy to distinguish between advertisements and recommendations by simply introducing them, while in the case of customized advertisements provided by financial platforms, it is very difficult to judge the strength of inducement in real life. In the financial field, both advertising and recommendation regulations are institutional safeguards that prevent consumers from violating rational choices due to information imbalances or the influence of financial product providers. This purpose is still valid even if financial product sales have shifted from face-to-face to non-face-to-face environments. Financial platform services completely change their business model depending on whether they fall under either advertisement or brokerage under the Financial Consumer Protection Act. Once it falls under advertisement, there is no need to obtain permission or register because there is no regulation on the qualifications of actors. On the other hand, if financial platform services fall under brokerage, remarkably strong regulations will be applied. For now, financial platform service providers must register with the Financial Services Commission as financial product sales agents and brokers, and unregistered brokerage acts are subject to criminal punishment. The reason that strong restrictions are imposed on brokerage is because it is an inducement for strong subscriptions. We would like to examine why traditional advertising and recommendation criteria have become difficult to apply to today's financial platforms, and to improve the legal principles on the criteria for classification of both recently proposed by financial authorities to better suit the data age.