일본의 금융분야 ADR에 관한 검토

• 영문명: On the Japanese New Alternative Dispute Resolution System in the Financial Sector
• 발행기관: 한국중재학회
• 저자명: 김선정
• 간행물 정보: 『중재연구』 제20권 제3호, 121~145쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

In the past, ADR has not been used as frequently in Japan as it has in other parts of the industrialized world. However, though litigation is still the most utilized vehicle of dispute resolution by Japanese financial institutions, this will be changing. The New Financial ADR system, which was created by a June 2009 amendment to the Financial Instruments and Exchange Act, is meant to deal with every stage of financial-related disputes and, as such, strives to resolve disputes before they become significant and acts to ameliorate any post-ADR issues that may remain, thereby completing the FIEA’s purpose to protect investors. Since the foundation of the New Financial ADR system applies to all related industries, new provisions were set out in 16 business related acts, such as the Banking Act, the Insurance Business Act, and FIEA itself. October 2010 will mark the formal introduction of a new system of financial ADR in Japan. New Financial ADR in Japan will be modeled on the Financial Ombudsman Service in the United Kingdom, but will not feature one comprehensive dispute resolution system in which one dispute resolution institution covers all disputes in the financial field. The New Financial ADR system is merely one step towards a foundation of comprehensive financial ADR such as FOS. It must be noted, however, that this all important first step was over seven years in the making, involving a great deal of discussion, debate, and compromise amongst many parts of Japanese government, business, and society. The New Financial ADR system grants participating parties the ability to stop the clock on any statute of limitations which may correspond to any future possible court cases related to the dispute, 13 and further grants the ability to suspend related court proceedings while the parties are utilizing the New Financial ADR system. In addition, where financial institutions have not accepted dispute resolution proceedings or have not accepted a special conciliation proposal, the Ministry of Finance may issue an order compelling compliance if it is found that certain actions are necessary to ensure the appropriate operations of a financial institution’s business. In Japan, as best practices have not yet been created.

목차

Ⅰ. 서론

Ⅱ. 기존의 금융ADR

Ⅲ. 통일적 금융ADR의 창설과 내용

Ⅳ. 새로운 금융ADR창설에 대한 평가와 과제

參考文獻

ABSTRACT

키워드

금융분야ADR 금융분쟁해결기관 금융소비자보호 금융옴브즈만 금융상품거래법 ADR in the financial sector Financial Dispute Resolution Organization financial consumer protection Financial Ombudsman Financial Instruments and Exchange Law