ACT ON THE PROTECTION OF FINANCIAL CONSUMERS
CHAPTER V PROTECTION OF FINANCIAL CONSUMERS
조문단위인쇄
| Article 36 (Mediation of Disputes) |
| (1) | When a dispute arises in connection with finance, an institution subject to mediation, a financial consumer, or other interested person may apply for the mediation of the dispute to the Governor of the Financial Supervisory Service. |
| (2) | Upon the receipt of an application for the mediation of a dispute under paragraph (1), the Governor of the Financial Supervisory Service may notify relevant parties of the issues of the application and may recommend settlement by agreement to them: Provided, That if the issues of the application fall under any of the following subparagraphs, it does not need to recommend settlement by agreement or refer the dispute to the Mediation Committee under paragraph (4): |
| 1. | If the Governor of the Financial Supervisory Service finds that the issues of the application is not appropriate to settle by mediation; |
| 2. | If the issues of the application have no practical merit in proceeding with recommendation of settlement by agreement or mediation, in light of objective evidence, etc.; |
| 3. | Other cases specified by Presidential Decree as similar to those referred to in subparagraph 1 or 2. |
| (3) | When the Governor of the Financial Supervisory Service does not recommend settlement by agreement or refer a dispute to the Mediation Committee under the proviso, with the exception of the subparagraphs, of paragraph (2), he or she shall notify the involved parties of the fact in writing. |
| (4) | When a dispute is not settled by agreement under the main clause, with the exception of the subparagraphs, of paragraph (2) within 30 days from the filing date of an application for the mediation of a dispute, the Governor of the Financial Supervisory Service shall refer the dispute to the Mediation Committee, without delay. |
| (5) | When a dispute is referred to the Mediation Committee for mediation under paragraph (4), the Mediation Committee shall deliberate on the dispute and prepare a draft mediation agreement within 60 days. |
| (6) | When the Mediation Committee completes a draft mediation agreement, the Governor of the Financial Supervisory Service may propose the draft mediation agreement to the applicant and involved parties to recommend them to accept it. |
| (7) | If the applicant and involved parties do not accept a draft mediation agreement within 20 days from the date the draft mediation agreement is proposed to them under paragraph (6), the draft mediation agreement shall be deemed not accepted. |