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최준선(June-Sun Choi),박종림(Jong-Rim Park) 성균관대학교 법학연구소 2012 성균관법학 Vol.24 No.3
While experiencing worldwide financial crisis, each country of the world strengthens the financial system’s reformation and financial consumer protection. In case of America, Consumer Financial Protection Bureau was newly established as a financial supervision system who legalizes Dodd-Frank Wall Reform and Consumer Protection Act 2010 and is in charge of financial consumer protection. England also abolished existing Financial Services Agency, reorganized financial supervision system in the direction that financial supervision function is concentrated to the bank of England and promised to establish Consumer Protection and Markets Authority as an organization of consumer protection and market. In addition to the tendency, our country established the independent organization of financial consumer protection so as to strengthen financial consumer protection. And, in 2011, legislation of several members of Congress was combined and government suggested revision of 「law related to the establishment of financial committee, etc.」. For the main contents of government submission, financial consumer protection bureau was established under the Financial Supervisory Service and it will conduct the duties such as conciliation of conflicts related to finance, treatment of civil complaints related to financial consumer protection, education of financial consumer, investigation and study for improving rights of financial consumer, working support of related institutions such as financial committee, etc. However, the agenda of government shows insufficiencies in the part of independence so that financial consumer protection bureau is recognized simply as the sub-institution of the Financial Supervisory Service. For the appointment of not only executives but also employees, the discussion with the Financial Supervisory Service is necessary. Although financial institution who committed illegal act for financial consumer is exposed, it cannot be controlled for themselves and only right to request control to the Financial Supervisory Service is given. Thus, if financial consumer protection bureau belongs to the Financial Supervisory Service, there is no great difference from the current system of financial supervision. And, it’s a question if it can contribute to the protection of financial consumer actually. As promoted originally, if intending to strengthen the protection of financial consumer, independence of financial consumer protection bureau which will be established must be guaranteed and rights to conduct duties must be given actually. Legislative bills should be continuously supplemented so that financial consumer protection bureau can show the function of financial consumer protection according to the original intention.
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