금융소비자보호원에 대한 소고 = A Study on the Financial Consumer Protection Agency

다국어 초록 (Multilingual Abstract)

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.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 금융소비자보호기구 관련 우리나라 및 외국의 입법례
• Ⅲ. 금융소비자보호원 관련 법률안 및 주요 내용
• Ⅳ. 결론
• Abstract

참고문헌 (Reference)

1 김대규, "일본 소비자금융 관리ㆍ감독체계의 변화와 시사점" 은행법학회 3 (3): 62-, 2010

2 한국금융연구원, "미국 금융규제개혁법의 내용 및 시사점" 한국금융연구원 2-, 2010

3 장덕조, "독립 금융소비자보호기구 설립동향과 시사점" 한국상사법학회 29 (29): 283-310, 2010

4 홍은주, "독립 금융소비자보호기구 설립 타당성에 관한 정책 연구" 한국여성경제학회 7 (7): 113-137, 2010

5 "금융위원회 설치 등에 관한 법률 일부개정법률안(의안번호 5845, 2009,9,2, 김영선의원 대표발의"

6 권택기, "금융소비자보호원 설립의 필요성" 권택기의원실 30-, 2009

7 정무위원회, "금융소비자보호기본법안 검토보고서" 25-,

8 정무위원회, "금융소비자보호기본법안 검토보고서" 25-, 2011

9 노형식, "금융소비자보호 강화를 위한 입법방향 : 최근 발의된 금융소비자보호 관련 법안을 중심으로" 금융위원회, 한국금융연구원 26-27, 2012

10 원승연, "금융소비자 보호의 필요성-사례분석을 중심으로 , In 금융소비자 보호 : 현안과 정책 과제" 18-19, 2009

11 정무위원회, "금융관계법률안(58건) 검토보고서" 34-,

12 消費者行政推進会議, "消費者庁関連３法案の骨格について"

13 "http://www.kantei.go.jp/jp/singi/shouhisha"

14 Group of Thiry, "The Structure of Financial Supervision : Approaches and Challenges in a global Marketplace"

15 Adam J. Levitin, "The Consumer Financial Protection Agency, Policy Analysis, Pew CharitableTrusts Financial Reform Project" 2 : 113-, 2009

16 HM Treasury, "A new approach to financial regulation : judgement, focus and stability" 3-56, 2010

17 The Rt Hon George Osborne MP, ""speech at the Lord Mayor's dinner for bankers & merchants of the City of London"