금융소비자의 보호를 강화하기 위한 제도개선 연구-사후피해구제제도를 중심으로-

Abstract

The Financial Consumer Protection Act, which came into effect in 2021, provides a legal basis for dispute mediation procedures other than litigation to strengthen business conduct regulations and protect the rights and interests of financial consumers. However, the damage relief procedure is still insufficient. This study discusses ⓛ granting one-sided binding force to dispute mediation, ② introducing a collective dispute mediation system, ③ introducing a financial dispute arbitration system, and ④ providing financial consumer damage relief. The establishment and operation of the fund was reviewed, and legislative improvement measures were suggested. In particular, if the financial consumer accepts the mediation result of the Financial Dispute Mediation Committee in the case of minor disputes of less than a certain amount, the effect of preventing financial companies from rejecting it (one-sided binding force of dispute mediation) will be introduced into the Financial Consumer Protection Act. Due to the nature of financial accidents in which multiple victims of the same or a similar type exist, it is necessary to introduce a collective financial dispute mediation system in terms of litigation economy and use the financial arbitration system as a financial consumer damage relief system. Likewise, it is crucial to introduce and operate a financial consumer damage relief fund system to compensate financial consumers for damages in case of bankruptcy of financial companies.