KIKO계약과 금융소비자보호에 관한 법리에 대한 연구

Abstract

The currency option contracts transaction which became a particular problem these days, was performed by bank staff's solicitation. However, it can be virtually, these transactions that is to target the exchange rate fluctuations, have dangerous contents such as gambles between company and bank. Of course, it is not desirable to ask the bank responsible for the loss of all. The root cause of the loss is due to the fact that bank had sold derivative goods which had a great risk of price fluctuations, but it is supposed that companies would also have thought about exchange rate fluctuations to some extent. The principle of self-responsibility for this part may be applied. Therefore, both finance education and dissemination of knowledge for the investor is very important. This is the premise of the principle of self- responsibility and it will eventually lead to the protection of investors. We accordingly should respect the content of the decision that the Supreme Court admitted KIKO is not a contract by mistake or fraud but the prerequisites must be met before the first to claim the principle of self-responsibility, and then, it should be determined for conformity of content and solicitation of the contract. I think it is more preferable. It is difficult to say in the sole responsibility of one party on the stage of dispute resolution such as litigation or financial ADR. It is because at the time of the contract both parties would have made a agreement which is satisfied in some way for concluding a contract. Thus, I think it is necessary to utilize actively a system such as financial ADR in order to seek a solution that is admitted by both parties.