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In December 2006, the Diet of Japan passed an amendment to the Money Lending Business Control and Regulation Law ("Money Lending Business Law"), and in November 2007 the government of Japan issued a Cabinet Order amending part of the Enforcement Order of the Money Lending Business Law, both of which were aimed at enhancing the effectiveness of the nation's regulatory system for controlling the lending business as a whole operating in the country. The main causes cited for such changes are: the increase in numbers of individuals owing money to multiple money lenders and the social problems arising from this. In an effort to address these growing problems, the revised Money Lending Business Law takes such pproaches as a) reducing the repayment burden of the debtor by lowering the maximum
interest rate that can be legally charged on a loan, b) preventing over-capacity borrowing by limiting the total amount an individual may borrow, c) controlling lending activities and discouraging new entrants through ongoing strict regulations, d) optimizing the overall
interest rate system, and e) encouraging lenders to engage solely in legal activities by augmenting measures to root out black market activities and authorizing regulatory agencies to have more regulatory power. Experts regard these measures as more comprehensive and yet a "direct blow to the root of the problem." To monitor the issue on an ongoing basis, the Japanese
government, as provided in the revised law, has operated a Task Force for Heavily Indebted People as an official government agency since June 22nd, and run the Program to Remedy the Multiple Debt Problem since April 20th, 2007. The revised Money Lending Business Law not only restricts the rights of the existing money lenders, but it also suggests strongly that they focus more on playing the roles of providers of financial services to benefit society. As the new regulations are scheduled to be implemented in four phases, the revised law will come into full effect within two and a half years of the coming into effect of the majority of the provisions
of the Money Lending Amendments, which will be as of June 19th, 2010.

목차

I. 서설
 II. 입법배경과 취지
 III. 주요 내용
 IV. 맺는말
 참고문헌
 Abstract

키워드

다중채무자 회색지대 회전계약 적합성원칙 현금유동성 비영리단체 multiple debtor grey zone revolving contract suitability rule cash flow NonProfit Organization

저자

• 오성근 [ Sung Keun, O | 제주대학교 법학전문대학원 교수. 법학박사. ]

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