「금융소비자 보호에 관한 법률」상 보험계약자 보호에 관한 연구

Abstract

2020. 3. 24. ‘The Financial Consumer Protection Act has been enacted. These laws and enforcement ordinances were fully implemented on September 25, 2021 after a one-year probation. As insurance products were included in the financial products subject to the Financial Consumer Protection Act, the provisions regarding insurance consumer protection previously stipulated in the Insurance Business Act were transferred to the Financial Consumer Protection Act. Considering that insurance contracts have a high frequency of consumer-related disputes due to various sales channels, sales methods based on solicitation, and the diversity and complexity of products, the strengthening of regulations following the enactment of the Financial Consumer Protection Act will have a significant impact on the insurance industry. it can be expected that. The Financial Consumer Protection Act is unique in that it introduced an integrated and functional regulatory system that is applied uniformly to all financial sectors for the purpose of protecting financial consumers. However, since consumer protection needs to consider the characteristics of each type of damage or dispute, and different methods of recovering damage according to financial products, it is difficult to believe that an integrated regulatory method for consumer protection is necessarily beneficial. The six principles stipulated in the Financial Consumer Protection Act, such as the principle of adequacy and the duty of explanation, are the same as those of the Insurance Business Act and the Capital Market Act. And in the case of insurance contracts, the scope of application is limited to variable insurance and investment insurance, so it can be seen that there is no significant change in the application of the above six principles. However, in light of the fact that the liability for damages is specified for violations of the principle of suitability and adequacy, duty of explanation, prohibition of unreasonable solicitation, etc. can be seen as reinforced. On the other hand, considering that the fines and fines for negligence have been raised, it can be said that the ex post regulation has been strengthened. The right to cancel a newly established illegal contract is beneficial for consumer protection in the case of financial products with limited voluntary termination. However, in the case of an insurance contract that allows freedom of termination, the actual benefit is not large.