금융소비자법 제정과 약관 규율에 관한 소고

Abstract

The Financial Consumer Act, which stipulates regulations for financial consumers in one law, has been in effect since March 25 this year. This Act is a fundamental law on financial consumers and an integrated law on financial contracts between businesses and consumers. However, this Act does not include regulations on the terms and conditions that are essential to financial contracts between businesses and consumers. In other words, regulations on financial terms and conditions are still being made in accordance with individual financial industry laws such as the Banking Act and the Insurance Business Act. However, if regulations on financial terms and conditions are implemented differently under individual statutes, they may result in inefficiencies and side effects that undermine consumer confidence in them. The reason why consumer damage or disputes occur in financial contracts is that the legal system or standards are insufficient, but also because the terms and conditions set by the operator are unfair. Therefore, if the Financial Consumer Act stipulates a system to regulate unfair financial terms, it will be able to further strengthen the consumer protection function of the law. At this time of the enactment of the Financial Consumer Act, which combines the system for protecting financial consumers as a result of the disappearance of boundaries between financial industries, this paper proposed a more efficient and systematic regulatory measure of financial terms and conditions through the Financial Consumer Act.