금융상품 약관 규제에 대한 주요 판례의 고찰

The fundamental law dealing with the terms and conditions, the Terms and Conditions Regulation Act, aims to establish a sound order in business transactions and protect consumers by stipulating the principle of disadvantage for authors, prohibition of unfair terms and conditions, and the obligation to state and explain. In addition to the application of the Terms and Conditions Regulation Act, the terms and conditions of financial products are subject to pre-examination and post-report by the Financial Supervisory Service. They are subject to additional regulations, such as the obligation to state and explain under the Financial Consumer Protection Act. Financial authorities review the specific transaction relationship ex-post, such as being subject to sanctions if a financial institution violates the obligation to specify and explain the terms and conditions. Consumers can apply for the mediation of financial disputes with the Financial Supervisory Service when a dispute over financial products occurs. In disputes over terms and conditions, the issues are i) whether the specific contract could be categorized into the terms and conditions, ii) how to interpret the content, iii) whether unfairness of the interpreted content exists, iv) whether the obligation to state and explain would be satisfied, and v) how to determine the rights and obligations between the parties based on valid terms and conditions. This study analyzes the regulation method of terms and conditions, pre-regulation of terms and conditions for financial products, and solutions in case of disputes. It critically considers court precedents concerning i)∼v), which should be considered in writing and enforcing the terms and conditions. In reviewing the contents and terms and conditions and resolving disputes, the contents to be reviewed would be presented categorically. The contents of a contract between a financial institution and a financial consumer generally fall under the terms and conditions. It is the first step in protecting financial consumers for financial institutions with a superior position in transactions to fulfill their obligations of explanation according to transparent and fair terms and conditions and sell financial products to financial consumers.