금융상품 중개업의 합리적 규율체계에 관한 연구

Currently, financial product brokerage firms face difficulties in comparing and recommending various financial products due to legal regulations that require them to do business with a single financial company. Additionally, there are differences in entry regulations between financial companies and platform operators. As a result, despite the abundance of financial products and information in the market, consumers struggle to find products that meet their needs. To address this issue, I propose the introduction of a "Comprehensive Financial Product Brokerage", which would allow for the comparison and recommendation of various financial products under a single license, along with the enactment of the "Comprehensive Financial Product Brokerage Act" to support it. In this article, I aim to clarify the definition (or legal standard) of "financial product brokerage," which has been one of the most discussed issues since platform operators entered the financial product brokerage business. I will also define the concepts of "solicitation to purchase financial products" and "solicitation to sell financial products," which are distinct from "advertising." "Financial product brokerage" is defined as "the act of making a 'solicitation to purchase financial products' to a buyer or a 'solicitation to sell financial products' to a seller in order to conclude a financial product sales contract." "Solicitation to purchase financial products" is defined as "the act of explicitly explaining the key terms of a financial product to a specific individual and inducing them to enter into a financial product sales contract based on their trust in the solicitor, explanations and additional information provided, or encouraging them to consider it a key factor in their decision to enter into the contract." "Solicitation to sell financial products" is defined as "the act of explicitly confirming the key terms of a financial product (including the duty to explain) and requesting the seller's agreement or commitment to sell the product." The main contents of the "Comprehensive Financial Product Brokerage Act" are as follows: 1. It allows for a department store-style display of financial product information from all financial companies in one place, enabling consumers to compare, receive recommendations, and select financial products that suit them.(a broad playing field) 2. It applies entry regulations, such as capital requirements and major shareholder restrictions, equally to both financial and non-financial companies, allowing them to enter the market through subsidiaries under equal conditions.(fair rules) 3. It strengthens operational regulations, including the obligation to establish and comply with internal control standards to prevent consumer harm and platform regulations, given that comprehensive financial product brokers handle a wide variety of products. (enhanced safety) 4. It secures consumer protection mechanisms such as indemnity deposits and financial company liability to prevent avoidance of respon- sibility between financial companies and brokers.(dual protection) 5. It introduces rationalized supervision measures, including powers to impose intermediary restrictions and substitute business suspension with fines, to improve the supervision system for enhancing consumer protection.(reasonable supervision) Additionally, the legislative proposal for the Comprehensive Financial Product Brokerage Act includes various adjustment measures aimed at preventing and resolving unnecessary conflicts and clashes between "existing regulations and brokers" and "the new Act and brokers." I hope this paper contributes to rationalizing the regulatory framework for financial product brokerage in the future.