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금융투자상품의 판매와 투자자보호의무
Recommendation of Financial Investment Products and Duty of Investors' Protection

  • Journal
    동북아법연구 Shortcut
  • Issue (Year)
    제2권 제2호 (2008.12) Shortcut
  • Page
    pp.259-287
  • Authors
    박선종
  • Language
    한국어(KOR)
  • URL
    https://www.earticle.net/Article/A111891

원문정보

Abstract

영어
Recently, a number of actions involved securities recommendation brought by damaged customers against their securities professionals in Korea.
this paper fundamentally starts with classifying investors between specialist investors and non-specialist investors. The former financial market related laws did not reflect differences of respective investors' trade purpose, financial needs, and market experience well. Investor damaged from the breach of explanation or suitability duties by promotes on account of inefficience in the private action scheme of the Act. It explains that some sanctions are necessary to imposed on broker-dealrs to breach their explanation or suitability duties only within the high risk products like futures and option and the investment fund that investor differs from beneficiary.
This paper proposes some preventive measures about illegal securities investment recommendations. concretely, it estimates the Capital Market and Financial Investment Act and suggests that broker-dealer must have a compliance program to keep the duty to fair dealing for itself. Finally it presents the appropriate ways to protect investors who participate in securities market. deals with regulation of investment solicitation.
For the development of securities market, it is very important to secure the investors' trust because the investors do not just invest their money but do their future and hope.

Contents

I. 머리말
 II. 투자자보호의 필요성과 자본시장통합법
 III. 자본시장통합법상 투자자보호제도
 IV. 맺는말
 참고문헌
 Abstract

Authors

  • 박선종 [ Park, Sun Jong | 전북대학교 법과대학 겸임교수, 법학박사 ]

Reference

    간행물 정보

    • Journal
      동북아법연구 [Northeast Asian law journal]
    • Frequency
      연3회
    • pISSN
      1976-5037
    • Date range
      2007~2026
    • Registration
      KCI 등재
    • Category
      KDC 369 DDC 341