개인금융연체채무자의 금융소비자 권리 강화를 위한 공적 배드뱅크의 기능 확대방안에 관한 연구

Abstract

External economic risks are increasing due to the impact of US tariffs, and domestic demand has continued to stagnate since COVID-19. To overcome this, the Lee Jae-myung administration is promoting policies to ease the debt repayment burden on the financially vulnerable, self-employed, and small business owners suffering from long-term debt. In other words, the public bad bank, a debt adjustment organization, is strengthened to purchase and incinerate long-term overdue bonds, ease the subject of debt adjustment, and strengthen the contents of support. In Korea, public bad banks are playing a role as a debt adjustment organization that supports credit recovery by collecting overdue debts. The debt adjustment system also functions as a social safety net that provides individual financial delinquency debtors with new opportunities to revive economic activities through return to normal economic entities. From an economic perspective, the policy of expanding the function of public bad banks currently promoted by the government can be seen as providing an appropriate direction. In addition, from the perspective of strengthening financial consumer rights, it can be said that the feasibility of revitalizing debt adjustment through the expansion of public bad bank functions can be recognized. The personal financial overdue debt is primarily the responsibility of the individual financial overdue debtor himself, but it cannot be said that the financial company, a financial product seller, is also not responsible for failing to fully judge the repayment ability of the individual financial debtor when selling loan products. Financial companies, which are loan product sellers, also need to share some of the responsibility for delinquency of personal financial debts of general financial consumers. There is also a clear part of responsibility for personal financial overdue debtors, financial companies, government agencies, and society to prevent blind spots in credit society as they become united. In addition, in the face of a national crisis such as COVID-19, Korea mainly took financial support measures for self-employed businesses and small business owners, while advanced countries such as the United States and Canada supported them by implementing drastic debt reduction measures along with loan support. It is necessary to implement bold debt reduction measures as in advanced overseas cases by including social disasters such as COVID-19 in the reasons for requesting the exercise of the right to request debt adjustment, which is currently recognized under the Personal Debtor Protection Act. On the other hand, in order to cope with the moral hazard problem that inevitably arises during the active debt adjustment process, a more detailed strategy should be prepared for the selection and support of the subject and the target debt. To prevent moral hazard to individual financially overdue debtors, public bad banks need a strict screening function for the debtor’s repayment ability in the debt adjustment process, and to this end, the Credit Information Use And Protection Act, a related corporation, should be revised to increase the consistency of the examination. Individual financial overdue debtors must also be financial consumers who purchased loan products. Instead of only taking responsibility for the accusation that they cannot pay their debts to them, as financial consumers, we should support and strive together so that they can return to their normal economic life and lead a humane life.