개인금융채권 추심 제한의 법적 문제점

This study examines the problems of restrictions on the collection of ‘personal financial debts' under 「the Korean Act on the Management of Personal Financial Debts and the Protection of Personal Debtor(Hereinafter referred to as the ‘Personal Debtor Protection Act’)」 and suggests improvement measures. Under the Personal Debtor Protection Act, ‘personal financial debts’ refer to debts held by creditor finance companies against individual debtors due to lending, subrogation, assignment of debts, and bill discounts. The Personal Debtor Protection Act, which came into effect in October 2024, significantly restricts the collection of personal financial debts in order to protect delinquent debtors. Regarding debt collection, the Debt Collection Act and the Credit Information Act regulate the registration and business of debt buyers under the Loan Business Act, etc. In particular, after the enactment of the Debt Collection Act in 2009, excessive collection has decreased significantly, but the Financial Services Commission has not reflected this reality in the enactment of the law. Despite regulatory duplication, the Personal Debtor Protection Act has actually strengthened regulations for delinquent debtors. The problem is that these regulations violate the principles of prohibition of excess, clarity, and prohibition of blanket delegation established by the Constitutional Court. Furthermore, Article 24 of the Personal Debtors Protection Act, which limits the collateral ratio, is a kind of capital regulation, and there is a high risk that it will reduce market competition by eliminating small businesses among debt collection companies that have legally entered the market. Since a regulatory paradox may occur, it is an urgent to revise.