2016 금융소비자보호 기본법(안)의 내용과 평가 -사전 규제와 사후 구제제도를 중심으로-

Abstract

This paper is intended to review and evaluate the contents of the Framework Act on Financial Consumer Protection, which pre-announced of legislation in June 2016. In particular, the pre-regulation and post-relief system for financial consumer protection, which are subject to review, are tight and systematic interoperability. As a pre-regulatory system, the imposition of notice and explanation obligation, the right of withdrawal and the right of termination of contract, the introduction of the principle of conformity and appropriateness, and the prohibition of unjust appeal are effective measures to prevent unfair transactions due to the asymmetry of information or power. In addition, various post relief systems have been established to facilitate the relief of financial consumers and to realize the economic feasibility of settlement of disputes. The right to view and listen to the data, the strengthening of the immunity requirement of the employer liability, the expansion of the use relationship, the conversion of the burden of proof, the estimation of the amount of damages and the suspension of lawsuits. However, the fact that financial consumers can not exercise cancellation rights on unfairly entered financial contracts, excludes lenders from the application, and the dispute settlement committee's adjustment proposals can not impose financial dealers. I feel sorry when I see it.