금융 ADR과 금융감독체계의 개편

Abstract

In Korea, there are many organizations that resolves financial disputes such as Financial Supervisory Service, Korea Exchange, Korean Commercial Arbitration Board, Korea Consumer Agency and each Financial Companies, and of course, the court. However, according to the statistical data, there are overwhelmingly large number of cases are resolved by 'The Financial Disputes Mediation Committee" housed FSS. There would be many reasons why financial consumer refer to resolve those financial dispute through the FDMC, but above all things, consumer recognize the fact that FSS is so much influential to such financial companies. As a discussion is going on over financial supervisory system these days, some argue that business activities regulation and financial consumer protection function of FSS must be separated from prudential regulation and a Financial Consumer Agency should be newly established. They assert that Financial Supervisory Service should concentrate on the regulate the entity entry to the market and prudential regulation of financial companies. They also design that 'FC A' should manages business activities of financial company, financial disputes resolution, consumer education etc. Financial ombudsman of United Kingdom actually is an affiliated organization of Financial Service Authority. On the other hand, in the United States and Japan leave it private business to commit through out private organization. It is no doubt that to regulating the definition of 'financial consumer' in law, and strengthening it's protection is a global trend. However, establishing an organizations with no string attached, have no directly concern with the achievement of consumer protection. Furthermore, establishing new organizations might cause the loses of advantages of current system. The writer conclude that it is premature to following the twin system and establishing FCA right now, and the way to strengthen consumer protection must be sought through the improvement of current system.