금융소비자 보호에 관한 법률 설명 자료 2021년 3월, 금융감독원

금융소비자 보호에 관한 법률 설명 자료 2021년 3월, 금융감독원

Ⅰ. 제정 배경········································································1

Ⅱ. 적용 대상········································································6

1. 금융상품································································································6

2. 금융상품판매업자 및 금융상품자문업자···········································7

3. 금융소비자····························································································8

Ⅲ. 진입 규제······································································12

1. 개요······································································································12

2. 금융상품자문업자···············································································12

3. 금융상품판매대리중개업자································································16

Ⅳ. 영업 규제······································································19

1. 내부통제기준······················································································19

2. 6대 판매규제······················································································21

3. 금융상품판매대리중개업자 및 자문업자의 영업규제····················40

Ⅴ. 금융소비자의 사전적 권익 보호································46

1. 금융교육······························································································46

2. 금융상품 비교공시·············································································48

3. 금융소비자 보호실태평가 및 보호기준···········································49

Ⅵ. 금융소비자의 사후적 권익 구제································51

1. 분쟁조정······························································································51

2. 손해배상······························································································57

3. 청약철회······························································································59

4. 위법계약 해지·····················································································63

Ⅶ. 감독, 행정제재 및 형사처벌·······································65

1. 판매제한명령······················································································65

2. 금융상품판매업자등 및 임직원 제재···············································67

3. 과징금··································································································71

4. 과태료··································································································73

5. 형사처벌······························································································76

※ [별 첨] 금융소비자보호법 FAQ(1차·2차)

제정 배경

`11.7월법안(박선숙의원안)이최초발의된지약8년만에국회통과

◦18대, 19대국회법안폐기및20대국회,정부안제출(’17.7월)

◦‘19년DLF사태등으로금융소비자보호강화에대한사회적공감대형성

→여야간합의로국회통과(`20.3.15.)→법률공포(`20.3.25.

“동일기능-동일규제”원칙을구현하기위해개별금융업법상판매규제,

소비자권리,제재조치를통합하여금소법을제정