보험계약 체결에 있어 적정성원칙에 관한 연구

It has already been three years since the Financial Consumer Protection Act was enacted and implemented. In the meantime, financial authorities and financial institutions have made great efforts to comply with complex and demanding the Financial Consumer Protection Act. As a result, the incomplete sales of financial companies are decreasing, and the awareness of the rights of financial consumers is spreading throughout the society. This is the most positive result of the Financial Consumer Protection Act. However, illegal sales practices related to the sale of financial products, such as large-scale fund redemption and incomplete sales of insurance products, are continuing to occur. In addition, the number of complaints in non-face-to-face financial transactions is increasing, and the Financial Consumer Protection Act should be implemented and observed more effectively in the future. The appropriateness principle needs to be understood and improved from this point of view, and it is necessary to reasonably adjust the subject and scope of the appropriateness principle to the purpose of the system. The obligation to information acquisition should focus on the purchase of appropriate insurance products by financial consumers, and the information and questions provided by consumers should be limited to the extent necessary to assess appropriateness. If a financial company violates the appropriateness principle, it is necessary to strengthen its duty of care and compliance efforts by strictly imposing burden of proof and sanctions.