P2P대출법의 주요 내용과 법적 쟁점에 관한 연구

The 2008 global financial crisis eroded trust in the traditional financial intermediaries and new types of fintech companies that fused technology and finance have begun to appear one after another. P2P lending is one of the representative fintech services, and as an alternative financing method among the various fintech types, it has quickly established itself in the real life of the general public. In Korea, P2P lending was introduced in 2007 as the first type of crowdfunding among various types of crowdfundings, and has continued to rapidly grow since 2014. However, the legal structure of P2P lending has been deformed through a loan (Deboo) subsidiary, which has become a general model in the absence of proper normative system governing it. The supervisory authority, i.e. the Financial Services Commission has guided the side effects of the rapid growth of the P2P lending market from 2017 through an administrative guideline. However, it was not enough to govern the P2P lending market covered by indirect supervision via the administrative guideline that has no binding effect. As a result, the voice of petitions for legislation around the industry strongly grew, and the National Assembly also tried to meet the industry's desire and legislated the P2P Lending Act that is, in the global, the first single Act governing all aspects of P2P lending activities. The Act reflects the characteristics of P2P Lending and market practices in Korea. In order to protect borrowers and investors and to approve P2P lending as a novel authorised financial services, the Act takes the legal structure of the P2P lending as indirect loan executed by the intermediary. From this point of view, this article first explains the current situation and problems of the P2P lending market in Korea and the legislative history of the Act (Ⅱ). Next, this article articulates the main contents of the P2P Lending Act by dividing them into the legal structure of the system, entry and business regulation, etc., regulation related to the protection of borrowers and investors, and infrastructure regulation (Ⅲ). In addition, the article examines and evaluates some issues related to the practices of the current P2P lending market in Korea (Ⅳ), and draws conclusions (V).