학술논문

금융소비자개념의 법적 연구 : 한국과 중국의 비교법적 고찰을 중심으로 / A Study on the Legal Concept of the Financial Consumer: Focused on the Comparative Analysis of Korean and Chinese Law
Document Type
Dissertation/ Thesis
Author
Source
Subject
Financial Consumer
Legal Concept
Language
Korean
Abstract
Since the global financial crisis that many countries experienced in the 20th century, financial law system negligently handling financial consumer safety has been recognized as a big cause of the situation, and accordingly financial consumer protection has become one of the biggest issues on financial law reform. Based on the development of information and communication technology and economic theory, traditional industry classification such as banking, securities and insurance has been obscure, and due to the cross-selling of financial products and the creation of financial derivatives, financial products have been more complex, and also due to the asymmetric information between general consumers and financial institutions, consumer disputes have been quite intense. Korea and China are actively promoting to reform financial supervisory system and financial law system. Korea is ahead of China in enacting a special law. The purpose of this study is to provide a basis for establishing more appropriate financial consumer protection law system by analyzing the concept of financial consumer. The main points of the study are to conduct a comparative analysis of the extent and intent of the concept of financial consumer, under Korea's and China's laws.First, through the general concept of financial consumer set up by defining the extent of the concept of financial consumer, the scope of financial consumer protection will be determined. Second, through the typology of financial consumer set up by defining the intent of the concept of financial consumer, more appropriate protection measures will be determined. Research methods of this paper is to assess suitability of regulations for financial consumer protection by conducting a comparative analysis of the extent and intent of the concept of financial consumer in Korea and China. More importantly, reasonable regulatory legislation for financial consumer protection will be explored by conducting a comparative analysis of legislative differences between Korea and China in financial consumer protection regulations based on classification or typology of financial consumer. First, in setting up the extent of the concept of financial consumer, the concept of financial consumer in Korea and China will be analyzed and the external scope of financial consumer protection will be confirmed using legal hermeneutical methods.Second, reasonable financial consumer classification criteria will be explored by comparing legal regulations and cases (including foreign cases) on financial consumer classification criteria in Korea and China, and the internal scope of financial consumer protection will be determined by confirming the protection limit of financial consumer in detail. And also, through comparison and analysis of the concept of financial consumer in Korea and China, each of their problems will be addressed. Finally, the concept of financial consumer are established in Conclusion, and it is expected that Korea's regulatory law is introduced into China's law.