‘금융소비자 보호에 관한 법률안’의 내용 및 문제점 = The Contents and Issues of Legislative Bill on Financial Consumer Protection

다국어 초록 (Multilingual Abstract)

Recently it has become an urgent pending problem to protect financialconsumers since several financial accidents which produced to massive victims.
For the purpose it needs to enact the law of financial consumer protection andto reform the financial supervisory authority.
The government legislative bill has been proposed since 2011, howeverit has not been enacted yet. Final government bill of July 6, 2012 has been stilldebated in the Assembly. As regards the independence of financial supervisoryauthority, it is offered in the bill that it should be established within the'Financial Supervisory Service (FSS)' and have more strengthened power thanpresent in budget, personnel matters and work by the bill. However I think theindependence of it is very weak because it is proposed to consult with governorof FSS to decide budget and personnel matters in the bill. Even it needs therecommendation of the governor of FSS to appoint director of it.
Several legislation bills by Assemblymen have been proposed too.
According to them it is majority opinion that financial supervisory authority beplaced under Financial Committee and it has equivalent status to FSS. In thisway financial supervisory function could be worked more independently and efficiently than present. Although diverse opinions can be proposed, it should be achieved that financial supervisory authority be independent and be grantedpowers needed to supervise the financial company.

다국어 초록 (Multilingual Abstract)

Recently it has become an urgent pending problem to protect financialconsumers since several financial accidents which produced to massive victims.
For the purpose it needs to enact the law of financial consumer protection andto reform the financial supervisory authority.
The government legislative bill has been proposed since 2011, howeverit has not been enacted yet. Final government bill of July 6, 2012 has been stilldebated in the Assembly. As regards the independence of financial supervisoryauthority, it is offered in the bill that it should be established within the'Financial Supervisory Service (FSS)' and have more strengthened power thanpresent in budget, personnel matters and work by the bill. However I think theindependence of it is very weak because it is proposed to consult with governorof FSS to decide budget and personnel matters in the bill. Even it needs therecommendation of the governor of FSS to appoint director of it.
Several legislation bills by Assemblymen have been proposed too.
According to them it is majority opinion that financial supervisory authority beplaced under Financial Committee and it has equivalent status to FSS. In thisway financial supervisory function could be worked more independently and efficiently than present. Although diverse opinions can be proposed, it should be achieved that financial supervisory authority be independent and be granted powers needed to supervise the financial company.

참고문헌 (Reference)

1 "정부제안, 금융소비자 보호에 관한 법률안, 2012. 7. 6"

2 노철우, "우리나라 금융감독체계의 개편 논의와 방안 - 최근 영국의 금융개혁방안 및 우리나라에서의 개편 논의를 중심으로 -" 한국금융법학회 9 (9): 175-216, 2012

3 이채진, "독립된 금융소비자보호기구 설립에 관한 소고" 한국금융법학회 8 (8): 219-260, 2011

4 강석훈의원 대표발의안, "대표발의안, 금융소비자 보호 기본법안과 금융위원회의 설치 등에 관한 법률일부개정법률안, 2013. 10. 28"

5 민병두, "금융위원회 설치 등에 관한 법률일부개정안, 2013. 6. 12"

6 정호준, "금융위원회 설치 등에 관한 법률일부개정안, 2013. 3. 12"

7 김영선, "금융위원회 설치 등에 관한 법률일부개정안, 2009. 9. 2"

8 권택기의원 대표발의안, "금융위원회 설치 등에 관한 법률일부개정안, 2009. 11. 9"

9 금융위원회, "금융소비자보호에 관한 법률제정안 주요 내용"

10 정윤모, "금융소비자보호법의 주요 이슈 분석" 4 (4): 2012

11 정호준, "금융소비자 보호를 위한 법률안, 2013. 3. 11"

12 박선숙, "금융소비자 보호를 위한 법률안, 2011. 7. 13"

13 민병두, "금융상품 판매 및 금융소비자 보호에 관한 법률안, 2013. 6. 12"

14 정순섭, "금융규제개혁과 금융소비자 보호" 한국상사판례학회 23 (23): 3-67, 2010

15 정경영, "금융감독체계의 문제점과 개편방안 - 미국 금융감독개혁법제의 시사점을 참고하여 -" 한국금융법학회 9 (9): 117-174, 2012

16 금융감독혁신 T/F, "금융감독체계 선진화 방안: 금융소비자보호 강화를 중심으로,2013년 6월"

17 안수현, "금융감독시스템과 금융소비자 보호 : 해외 금융감독시스템 개편동향과 시사점" 한국상사판례학회 24 (24): 449-502, 2011