금융소비자보호법상 이의신청에 관한 연구 - 행정기본법의 제정에 즈음하여 -

Abstract

Regarding the subject of objection under the Act on the Protection of Financial Consumers, generally, Objection is used as a means of protecting the rights and interests of citizens, so the object and deadline are interpreted to be as favorable to the applicant as possible. However, since the Act on the Protection of Financial Consumers is a law intended to promote the rights and interests of financial consumers, interpreting the object or deadline of objection in favor of the applicant would run counter to the purpose of introducing the Act on the Protection of Financial Consumers. Therefore, the object of objection must be limited to those stipulated in the Act on the Protection of Financial Consumers, and for matters not included in the Act on the Protection of Financial Consumers, objection based on the General Act on Public Administration is not permitted. The party to the objection is a financial institution or its executives and employees who have been sanctioned by the Financial Services Commission, and the person in charge of the objection is the Financial Services Commission. However, in order to make fair and professional judgments, it is necessary to establish a separate department within the Financial Services Commission that specializes in appeal cases. And Considering that the Financial Services Commission and the Financial Supervisory Service have a tiered structure, there is a need to legislate to allow objections to the Financial Services Commission regarding the sanctions of the Financial Supervisory Service’s Head. The period of objection can be within 30 days from the date of notification of sanctions, and objection can be made not only when the sanctions imposed by the Financial Services Commission are illegal but also when they are unreasonable. Additionally, the current maximum deadline for notification of the results of an Objection is 90 days, which is an excessively long period considering the purpose of the Objection as a quick and simple relief procedure. In the future, consideration should be given to deleting this provision so that the result notification deadline of the General Act on Public Administration’s Objection applies. The General Act on Public Administration applies to dissatisfaction with the result of an objection, so even if an objection is made, an administrative appeal or administrative litigation can be filed before receiving the result. If you are notified of the result of an objection and file an administrative appeal or administrative litigation, you can file an administrative appeal or administrative litigation within 90 days from the date you were notified of the result.