이자제한법제의 현황과 과제 -일본법제와의 비교-

Abstract

Our country and Japan have similar legal system about the interest limit. The limit by special law which is not the civil affairs principle of law is same, and the system of the Interest Limitation Act which is applied to general and Act on Registration of Credit Business and Protection of Finance Users which is applied to the specific industry is such. Such appearance is because the legislation of my country to exclude received the legislation of Japan. Consequently, We had almost similar problem with Japan about the problem of the interest limit. Japan solved a suitableness part problem by the revision law from 2006. This can say that the thing to hint is big at our interest limit legislation. Japan's regulation method and penal provisions is different from the Japan Interest Limitation Act and the Act Regulating the Receipt of Contributions, Receipt of Deposits and Interest Rates regulation rate of interest. Japan abolished "Grey Zone Interest" so called which it came into being for such reason. Namely, the criteria of the Act Regulating the Receipt of Contributions, Receipt of Deposits and Interest Rates of the detective punishment is to lower the limit rate of interest to become to a limit rate of interest level of the Japan Interest Limitation Act. The duality consists of Act on Registration of Credit Business and Protection of Finance Users which the Credit Business does to be registered to limit the interest rate in the money difference contract, and the Interest Limitation Act. which the interest limit legislation of our country limits the interest rate of the sign of the money difference contract in person. Interest Limitation Act limit rate of interest an existing 30% for a year, Act on Registration of Credit Business and Protection of Finance Users limit rate of interest an existing 44% for a year. With this thing which describes in the text, The law is guaranteing the high interest about the loaning business. But any more, A duality law and order which guarantees the high interest about the loaning business does not have the adequacy. Moreover, By compare at the legislation case, the high limit rate of interest by the Interest Limitation Act corresponds to the high interest. This paper put the law in good order and presented the direction of the interest limit legislation. We lower to the level for the interest rate of the Interest Limitation Act to be proper, Eliminate a Act on Registration of Credit Business and Protection of Finance Users limit rate of interest regulation. We are the thing to take the order of the Interest Limitation Act so that we are identical.