금융소비자 보호를 위한 금융연체채무자의 방어권 강화에 관한 연구

Abstract

The Act on the Protection of Financial Consumers has been in effect since March 25 this year. The enforcement of Financial Consumer Protection Act is expected to further enhance the protection of financial consumers’ rights, which can be considered relatively weak, due to a lack of information or expertise compared to financial companies. Among financial products, loan products are more emphasized on their duty as debtors than their rights as consumers. In particular, in the case of debt delinquents, most of them are common citizens who do not have enough repayment power due to economic difficulties such as unemployment and disease. It is true that they still remain blind spots where they are not properly protected from their rights as financial consumers, such as suffering from excessive debt collection practices. Under the Financial Consumer Protection Act, discussions that focused mainly on protecting financial consumers’ rights at the loan contract, such as selling financial products, need to be deepened to expand the right to defense of debt delinquents in the process of paying a debt and termination. In this paper, I suggest that ⅰ) giving debt delinquents the right to request of contact restriction for debt collection, ⅱ) extensively applying an Agency for a debtor, ⅲ) extensively applying the regulation of overdue interest rate, ⅳ) giving debt delinquents the right to request of debt settlement and financial companies the obligation to cooperate of the request,ⅴ) giving debt delinquents the right to refuse of repayment for the loan, which is completed by the extinctive prescription. ⅵ) giving debt delinquents the right to claim a statutory compensation. I hope that this paper will serve as a starting point for new discussions, we look forward to further expanding the scope of further research and discussion that will more strengthen the financial consumers’ rights of debt delinquents in the future.