금융회사의 정보제공의무에 관한 법적 고찰-금융소비자 보호를 중심으로-

Abstract

Financial industry, unlike other industries, is a domain where numerous consumer damages such as incomplete sales of products take place due to the imbalance of bargaining power originating from information gap between financial firms and consumers. Therefore, there is a growing necessity (need) of responsibility for information provision of financial firms to ensure fair and reasonable transaction between parties by alleviating the asymmetry of information between financial firms and financial consumers. The responsibility for information provision of financial firms is defined as the responsibility that requires financial firms with more information to provide financial consumers with certain information important enough to decide the conclusion of the financial transaction so that financial consumers can make decisions with enough information about the transaction in financial transaction relations. Therefore, the protection of financial consumers need to be strengthened by classifying the information that is prescribed to be provided individually in existing financial regulations for each stage of financial transactions, clarifying the range of information to be provided by financial firms for each stage and stipulating the effect in the regulations. In transactions with apparent gap of information like financial ones, imposing the responsibility for information provision on financial firms to protect financial consumers can alleviate the asymmetry of information between financial firms and financial consumers, help maintain the balance of bargaining power for fair financial transactions and prevent incomplete sale of financial products in advance.