금융분쟁해결제도의 문제점과 개선방안

• 영문명: The problems and improvement measures for Financial Dispute Resolution
• 발행기관: 원광대학교 법학연구소
• 저자명: 나윤수(Rha, Yoon-SOO) 박강익(Park Kang-Ik) 박홍진(Park Hong-Jin) 이경민(Lee Kyung-Min)
• 간행물 정보: 『원광법학』제23권 제1호, 41~69쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

Financial market is where supply and demand sides trade capital through brokerage. Traditional indirect financial market such as banks and insurers along with direct financial market including securities firms serve as a channel providing capital to corporations and is actually playing a very important role in terms of building the basis for the bullish economy. For the financial market to play its economic functions properly per se provision of long term corporate capital, the investors who provide the capital and a market participant should be protected in a more transparent market environment. Therefore, it is crucial to have and run a system to resolve disputes between market participants such as financial organizations and investors quickly and fairly. Given that the complexity of the financial trade, asymmetry of information, and lack of professional training in the part of investors put them in relative disadvantage against the financial organizations, appropriate dispute resolution measures protecting the market participants such as investors while providing professional information are needed should take place. Although legal procedure has been well established as a means to resolve disputes, the issues of relevant heavy cost and lengthy time led many countries across the world to adopt Alternative Dispute Resolution: ADR which can replace the legal system. There are various forms of ADR which has been widely acknowledged: advice, negotiation, settlement, mediation, conciliation, arbitration. The standard in this process is how much a third party intervention is allowed and how strong the binding power is. Those arbitration system have replaced the legal systems as a way to solve disputes in a wide range of areas in many financially advanced countries such as the US and UK. In Korea conciliation and arbitration are favored in terms to financial dispute. The arbitration regulating legislation was stipulated in 1966. Today most of the arbitration cases are dealt with in the Korean Commercial Arbitration Board. However, arbitration as a means of securities related dispute has not been actively sought after. When it comes to securities related dispute, Financial Supervisory Service, Korea Consumer Agency, Korea Stock Exchange, and The Korea Securities Dealers Association handle the arbitration in compliance with legislation for financial watchdog, consumer protection, and securities trade. Below, I will talk more about the current status of the Financial Dispute Resolution, along with the problems and the measures for improvement.

목차

Ⅰ. 서론

Ⅱ. 현행 금융분쟁해결제도 개관

Ⅲ. 증권관련 분쟁해결제도의 문제점과 개선방안

Ⅳ. 보험관련 분쟁해결제도의 문제점과 개선방안

Ⅴ. 결론

참고문헌

Abstract

키워드

금융분쟁 대체적분쟁해결제도 조정 중재 Financial Dispute Alternative Dispute Resolution(ADR) Conciliation Arbitration