Practice Areas

Financial Dispute

A financial dispute is a conflict over the rights, obligations, and interests that arise between a financial consumer, such as a depositor, and a financial company. A prompt response can help limit the resulting harm.

1. Financial Dispute | Definition

Daeryun finance attorney financial dispute litigation practice area

A financial dispute arises when the contractual rights, obligations, or interests of a financial consumer, such as a depositor or an investor, come into conflict with those of a financial institution.

These disputes can surface across a wide range of financial products and services, including loans, deposits, insurance, funds, and derivatives. The common causes include inadequate product explanations, disagreements over responsibility for losses, overcharged fees, and incomplete disclosure of information.

Because financial transactions are tied directly to monetary losses, the parties generally benefit from setting a clear direction for their response at the earliest stage of a dispute.

2. Financial Dispute | Types

A financial dispute generally refers to a conflict arising from the contracts, transactions, and services connected to a financial company's business.

It can originate in a wide variety of financial services, including loans, investments, insurance, contracts, and asset management.

Investment Dispute

An investment dispute is a conflict that arises from a disagreement between an investor and a financial institution.

Such a dispute can arise when an investor suffers a loss because of an inadequate explanation of an investment product's risks, an improper investment recommendation, or insufficient product information.

Loan Dispute

A loan dispute is a conflict that arises in connection with the terms of a loan contract.

When a borrower cannot repay the loan, the borrower may request a change in the repayment terms, or dissatisfaction with the interest rate may surface.

A dispute can also arise when a contract is concluded without a sufficient explanation of the loan product.

Insurance Dispute

An insurance dispute is a conflict over an insurance contract, and disagreements about the payment of insurance proceeds are the most common form.

A dispute over insurance proceeds can arise when an insurer declines to pay them or when a party objects to the amount paid.

In that situation, it can help to work with an insurance attorney on matters such as interpreting the policy terms and preparing supporting documents.

3. Financial Dispute | Resolution Through Mediation

Financial dispute mediation procedure institutions practice area

One way to resolve a financial dispute is to use the dispute mediation services offered by bodies such as the Financial Dispute Settlement Committee, the Korea Consumer Agency, the Korea Exchange, and the Korea Financial Investment Association.

These bodies maintain established procedures for mediating and resolving disputes between financial consumers and financial companies.

Through them, the parties can reach an agreement and often resolve the dispute quickly and effectively.

Dispute Mediation Procedure

① Application for Mediation

When a dispute over a financial product or service arises, an interested party, such as a consumer or a financial company, may apply for mediation to the Financial Supervisory Service.

Where several applicants apply jointly, they may designate up to three representatives.

*How to Apply

Online: Financial Supervisory Service website > Civil Petitions/Reports > File a Petition
Offline: Visit the head office or a branch of the Financial Supervisory Service, or apply by mail

② Recommendation of Settlement

Once it receives a mediation application, the Financial Supervisory Service first notifies the parties of its contents and assesses whether a settlement is possible.

Where appropriate, it gives each party an opportunity to submit materials or state its position, and if a voluntary settlement is reached at this stage, the mediation procedure ends.

③ Referral to the Mediation Committee

If no settlement is reached within 30 days, the Financial Supervisory Service refers the case to the Mediation Committee.

④ Deliberation by the Mediation Committee and Preparation of a Mediation Proposal

The Mediation Committee reviews the submitted materials and the parties' arguments as a whole and prepares a mediation proposal, usually within 60 days.

⑤ Whether the Mediation Proposal Is Accepted

The Governor of the Financial Supervisory Service presents the mediation proposal to the applicant and the parties concerned and confirms whether they accept it.

If the applicant and the parties concerned do not accept it within 20 days, the mediation proposal is deemed not to have been accepted.

⑥ Preparation of the Mediation Protocol

If all parties accept the mediation proposal, the Mediation Committee prepares a mediation protocol based on its contents.

Effect of Mediation

In dispute mediation, once both parties accept the mediation proposal, it carries the same legal effect as a court settlement protocol.

An application for dispute mediation also interrupts the extinctive prescription.

Where the Financial Supervisory Service does not recommend a settlement or refer the case to the Mediation Committee, however, the interruption of prescription does not apply.

4. Financial Dispute | Resolution Through Litigation

If mediation does not resolve a financial dispute, the parties can turn to civil litigation.

Litigation is the process of obtaining a judgment in court, and it can be lengthy and costly.

It does, however, offer the advantage of resolving the dispute clearly through legal enforceability.

Litigation is generally appropriate for monetary losses or questions of contract interpretation, and the court decides the case based on the contract, the relevant statutes, and the evidence.

Civil Litigation Procedure

① Filing the Complaint

The plaintiff begins the lawsuit by filing a complaint with the court of competent jurisdiction. The complaint must clearly state the nature of the dispute and the relief sought.

② Service of the Complaint and Filing of the Answer

The court serves a copy of the complaint on the defendant. The defendant must file an answer within 30 days of receiving the complaint, and a copy of the answer is then served on the plaintiff.

③ Judgment upon Non-Appearance or Admission

If the defendant files no answer, or files an answer admitting all of the alleged facts without any rebuttal, the court may grant the plaintiff's claim by judgment without oral argument.

④ Preparatory Proceedings for Pleadings

The court holds preparatory proceedings for a set period so that both parties can organize their arguments and evidence.

During this stage, the parties submit briefs and evidence.

Where appropriate, the court may set a date for preparatory proceedings and require the parties to appear.

⑤ Oral Argument and Conclusion

After the preparatory proceedings are complete, the court moves to conclude the pleadings promptly after the first hearing date, and the parties are expected to cooperate accordingly.

⑥ Pleadings and Judgment

Once the pleadings are concluded, the court pronounces its judgment based on its review of the case.

Effect of Civil Litigation

A party that disagrees with the judgment must file an appeal within the prescribed period.

The losing party must file an appeal within two weeks of the date the written judgment is served, and if no appeal is filed within that period, the judgment becomes final and takes legal effect.

The appeal period is a peremptory period, and once it passes, the right to appeal is extinguished.

5. Financial Disputes | Prevention and Points of Caution

Daeryun Financial and Insurance Group, the need for a finance attorney in financial disputes

Active steps can help prevent financial disputes and support a prompt response when they do arise.

The strategies below address both heading off disputes in advance and responding effectively when problems occur.

Preventive Measures before a Dispute Arises

① Drafting and Reviewing Clear Contracts

A party should review the terms of a contract carefully and discuss any unclear points fully with the financial company or an advisor before signing.

② Transparent Provision and Verification of Information

A financial company should provide accurate and complete information about its products and services, and consumers should ask about and confirm anything they do not understand.

③ Strengthening Internal Compliance (for Businesses)

Financial institutions and businesses can strengthen regulatory compliance and internal controls to reduce the chance of disputes.

Points of Caution When Subscribing to Financial Products

① Reading Product Descriptions and Terms Carefully

You should enroll only after you clearly understand a product's structure, risk factors, and fees, and it helps to confirm the key provisions of the terms and conditions separately.

② Being Wary of Advertisements Guaranteeing Excessive Returns

Financial products that promise unusually high returns may involve fraud, so caution is warranted.

③ Using Expert Consultation When Necessary

For investment products or complex financial products, it is generally safer to decide after consulting a financial expert or a lawyer.

6. Financial Disputes | Response Strategy

Financial disputes call for specialized and detailed legal knowledge, and the outcome can vary with the complexity of the dispute and the differing interpretations of financial law.

For that reason, these matters require not only an understanding of the facts but also the ability to interpret and apply the relevant statutes and precedents accurately.

This firm includes financial lawyers with years of experience and focused knowledge in financial disputes.

They have handled a wide range of financial disputes, including investment disputes, loan disputes, and insurance disputes, and they develop strategies suited to each client's situation.

They also propose resolution through arbitration and conciliation as well as litigation, keeping the protection of the client's interests at the forefront.

If a financial dispute is causing you difficulty, consulting a financial lawyer can support a careful and well-informed decision.

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