금융소비자보호를 위한 위법계약해지권의 법적 검토

Abstract

In the past, the protection of financial consumers, who are mostly inferior to financial product sellers, has been provided by individual financial laws. In the meantime, from March 25, 2021, the ‘Financial Consumer Protection Act’ was enacted, and general protection for financial consumers was made. The Financial Consumer Protection Act introduces several systems for the protection of financial consumers. In principle, six selling principles have been applied to financial product sellers for all financial products. In addition, it can be said that it is a very advanced law for the protection of financial consumers, including explicit provisions on the right to withdraw subscriptions of financial consumers and the introduction of a new right to cancel illegal contracts. In particular, the right to terminate an illegal contract is a right recognized only in Korea, and it is difficult to find similar cases in the world. However, in introducing the right to terminate illegal contracts, many legal controversies are being raised. Since the legal nature of the right to terminate an illegal contract is unclear, it is a debate over whether the right to terminate an illegal contract is a claim or a right to form. The next issue is the six sales principles that apply to financial product dealers and it is a debate over whether the law should be specifically stipulated or whether it is desirable to stipulate abstractly.