금융취약소비자 보호를 위한 소멸시효 완성 채권의 소각에 관한 연구

Abstract

According to the announcement of Financial Services Commission, the amount of debts whose extinctive prescription is completed is estimated by 17 trillion won. Financial institutions generally relieve debts with extinctive prescription completed by its own ways. However, some financial institutions sell these debts to loan companies. Some loan companies continuously collect these invalidated debts by using deceptive ways. Even though customers with financial difficulties, who hold debts with extinctive prescription completed don’t need to pay, they continuously suffer from illegal collections. The government has a plan to relieve debts whose extinctive prescription is completed to prevent them from these illegal collections. A relief of debts with extinctive prescription completed gives them who has suffered from a long time collection a chance to be restored economically. In contrast, someone concern about the moral hazard that financial system, debts should be paid backed, would be broke down. However, the possibility that there occurred to be moral hazard is very low, because creditors who hold loans with extinctive prescription completed don’t have a right of recourse. Lastly, we try to make legal and systematic steps not to be stopped by just one time. I’d like to suggest that debts with extinctive prescription completed should be managed by an integrated organization to prevent customers with financial difficulties from moral hazard and offer one-stop total service from buying, management to relief and self-supporting. And also I suggest the revision of the Fair Debt Collection Practices Act that ban the collection or transfer of debts whose extinctive prescription is already completed.