금융감독상 대체적 조치수단의 도입필요성에 대한 비교법적 검토

Abstract

Since the past, financial supervisory authorities have made constant efforts to improve the institutional environment to advance Korea's financial industry structure. However, it is still regarded as insufficient for financial consumer protection. Effective sanctions were not diversified in response to illegal acts by financial companies, and most of the existing sanctions were operated as official sanctions. For this reason, the fact that the effectiveness of supervision of illegal acts is not high is considered one of the causes of such a result. For this reason, it was necessary to diversify the sanctions for illegal acts by financial companies and to strengthen the effectiveness of supervision and sanctions. Therefore, this study attempted to consider the ways in which Korea's financial authorities could supplement the alternative measures in supervision of financial companies by reflecting the forms and advantages of alternative measures used in advanced countries. First, the current status and problems of existing sanctions measures by financial authorities were examined, and the current status and implications of alternative sanctions related systems of major developed countries were considered. And in examining the direction of adopting alternative sanctions, the US dismissal and reemployment prohibition orders, Fair Fund, and Japan's alternative sanctions were considered. The conclusion section is divided into the aspects of raising the legal awareness of financial companies and employees, securing effective means of protecting financial consumers, and the establishment of alternative measures to induce competition and innovation. In conclusion, even if all regulations are to be made transparent and clear, legislative technology problems may inevitably lead to informal regulation. In particular, the use of informal sanctions is inevitable due to the fact that due to the nature of financial oversight, it is difficult to achieve sufficient supervisory effects with only official sanctions. Therefore, it is desirable to revise and utilize the system in order to make use of the advantages of flexible supervisory administration and to supplement the problems caused by discretionary exercise of authority that is criticized for being opaque and low foreseeable.