금융소비자보호법의 적용범위와 진입규제에 관한 고찰

In the wake of the global financial crisis in 2008, due to the global move towards financial consumer protection and the KIKO scandals and the Dongyang CP problem, discussions on the enactment of the Financial Consumer Protection Act (FCPA) took place in Korea. The FCPA took effect on March 21, 2021, about 10 years after the Member of the National Assembly, Seonsuk Park proposed the first FCPA bill to the National Assembly on July 13, 2011. There is no doubt that the FCPA will further improve the rights and interests of financial consumers and also upgrade the reliability of the Korean financial markets and financial institutions.
This article introduces the main issues of the FCPA, focusing on the scope of application and entry regulation thereof, which are not generally covered in relation to the FCPA, and discussions have been conducted focusing on the areas that may be somewhat problematic or require interpretation. This article divides the scope of application of the FCPA into personal scope, material scope, territorial scope, normative scope, and temporal scope, and problems and interpretations were developed in the relevant areas. In relation to the entry regulation, this article points out its significance, its main contents, and some problems related to it.
Finance and trust are two sides of a coin, so that it is difficult to think of finance without trust. Building a trusted financial market ultimately requires trust from financial consumers who consume financial products, and for this, it is essential to put in place an appropriate protection system for them. In this regard, this author expects that the FCPA will quickly settle down in the practice, giving more preference to financial consumers, as well as helping to advance trust of the financial companies and financial markets in Korea.