금융소비자보호법상 설명의무에 관한 연구 - 보험회사를 중심으로 -

Abstract

The Financial Consumer Protection Act is a proactive and groundbreaking law focused on financial consumer protection. This law introduced various systems to faithfully fulfill the explanation obligation of financial companies. The obligation of financial companies to provide contract documents is more strictly required than before and the scope and scope of explanation obligations are expanded. It is more efficient to relieve financial consumers' damage due to violation of explanation obligations, and more strict sanctions are imposed on financial companies. In other words, when a financial company violates its obligation to explain, it recognizes the liability for damages if damage occurs to financial consumers, and converts the burden of proof to the financial company in order to strictly apply the responsibility. In addition, the primary liability for damages is imposed so that the management and supervision responsibility of the financial company is faithfully fulfilled. In case of violation of the explanation obligation, financial consumers can exercise the right to terminate illegal contracts. For financial companies that violate their obligation to explain, the Financial Services Commission may impose punitive penalties and high fines, and exercise strong sales suspension orders. In the future, insurance companies should faithfully protect the rights and interests of insurance consumers by faithfully fulfilling their obligations to explain, and improve the negative perception of the public on the insurance industry. However, some concerns or incomplete parts are also found regarding the obligation to explain, and it is necessary to improve the system through a lot of discussions and opinions.