Earticle

초록

영어

Financial market is where supply and demand sides trade capital through brokerage. Traditional indirect financial market such as banks and insurers along with direct financial market including securities firms serve as a channel providing capital to corporations and is actually playing a very
important role in terms of building the basis for the bullish economy. For the financial market to play its economic functions properly per se provision of long term corporate capital, the investors who provide the capital and a market participant should be protected in a more transparent market environment.
Therefore, it is crucial to have and run a system to resolve disputes between market participants such as financial organizations and investors quickly and fairly. Given that the complexity of the financial trade, asymmetry of information, and lack of professional training in the part of investors put them in relative disadvantage against the financial organizations, appropriate dispute resolution measures protecting the market participants such as investors while providing professional information are needed should take place.
Although legal procedure has been well established as a means to resolve disputes, the issues of relevant heavy cost and lengthy time led many countries across the world to adopt Alternative Dispute Resolution: ADR which can replace the legal system. There are various forms of ADR which has been widely acknowledged: advice, negotiation, settlement, mediation, conciliation,
arbitration. The standard in this process is how much a third party intervention is allowed and how strong the binding power is. Those arbitration system have replaced the legal systems as a way to solve disputes in a wide range of areas in many financially advanced countries such as the US and UK. In Korea conciliation and arbitration are favored in terms to financial dispute.
The arbitration regulating legislation was stipulated in 1966. Today most of the arbitration cases are dealt with in the Korean Commercial Arbitration Board. However, arbitration as a means of securities related dispute has not been actively sought after. When it comes to securities related dispute, Financial Supervisory Service, Korea Consumer Agency, Korea Stock Exchange, and
The Korea Securities Dealers Association handle the arbitration in compliance with legislation for financial watchdog, consumer protection, and securities trade. Below, I will talk more about the current status of the Financial Dispute Resolution, along with the problems and the measures for improvement.

목차

I. 서론
 Ⅱ. 현행 금융분쟁해결제도 개관
  1. 증권관련 분쟁해결제도
  2. 보험관련 분쟁해결제도
 Ⅲ. 증권관련 분쟁해결제도의 문제점과 개선방안
  1. 총설
  2. 증권분쟁의 유형
  3. 소송 대체적 증권분쟁해결제도
  4. 소결
 Ⅳ. 보험관련 분쟁해결제도의 문제점과 개선방안
  1. 서설
  2. 보험분쟁에서의 조정제도
  3. 보험분쟁에서의 중재제도
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 나윤수 [ Rha, Yoon-SOO | 원광대학교 법과대학 교수, 법학박사 ]
• 박강익 [ Park Kang-Ik | 원광대학교 법과대학 전임강사, 법학박사 ]
• 박홍진 [ Park Hong-Jin | 원광대학교 법과대학 전임강사, 법학박사 ]
• 이경민 [ Lee Kyung-Min | 원광대학교 법과대학 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340