• 법제연구
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• 제44호
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• pp.343-386
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• 2013

우리나라의 금융ADR제도는 금융감독당국인 금융감독원 및 그 안에 설치되는 금융분쟁조정위원회가 제도운영의 주체가 되는 이른바 "금융분쟁조정제도"로 대표된다고 할 수 있고, 이를 흔히 "행정형 금융ADR제도"라고 평가하고 있다. 이 제도는 금융위원회설치법(1997)에 의해 1999년경에 도입되어 10여년에 걸친 제도운영의 성과를 축적하여 현재에 이르고 있다. 그런데 정작 우리나라에서 금융ADR제도가 주목받기 시작한 것은 대체로 2008년의 이른바 금융위기 이후에 금융소비자보호가 강조되기 시작하면서이다. 금융거래를 통하여 피해를 입은 금융소비자를 보호하기 위한 제도적 방안의 하나로 "소송외적 분쟁해결제도(이른바 ADR)"에 대한 관심이 높아졌기 때문이다. 그나마 우리나라 금융ADR제도에 관한 논의는 주로 감독체제 개편과 관련하여 금융ADR기관의 운영주체를 누구로 할 것인가에 집중되었다는 점에 특이성이 있고, 우리 금융ADR제도의 특징을 객관적인 입장에서 면밀하게 분석한 위에 제도개선의 방향성을 제시하는 논의는 충분하게 이루어졌다고 할 수 없다. 본고는 이와 같은 점들을 문제의식으로 하여 우리나라의 금융ADR제도의 특징을 분석하여 하나의 제도모델로 구체화하고, 이를 통하여 제도의 문제점을 분명히 하고 그 개선방향을 제시하고자 하였다. 우리나라 금융ADR제도는 "행정형 통합형 합의형+집행력 부여형(준사법형) IDR비전치형(ADR기관내 합의권고형)"의 특징을 갖는 제도모델로 평가할 수 있다. 그러나 준사법형 효력모델을 채택하면서도 제도의 실효성확보를 위한 제도적 기반을 갖추지 못하고 있고, 통합형 ADR기관의 제도운영의 부담이 크다는 두 가지 문제점을 극복하여야 하는 과제를 동시에 안고 있다. 그러한 관점에서 본고는 현행 제도의 실효성 확보와 업계자율형 ADR제도(특히 IDR전치형 제도)의 확충을 위한 개선방안을 제시하였다. 특히 제도의 실효성확보 방안으로서 조정안에 편면적 구속력을 부여하지 않고도 조정성립율을 높일 수 있는 방안이 제도개선으로서는 최선책이라는 전제 하에 내부의 인원확충을 도모하고 조정절차 및 효력을 차등화하는 방안, 금융기관이 조정절차 중에 소송으로 도피하는 문제점을 해결하기 위하여 피신청인인 금융기관은 합의권고 또는 조정안을 제시받기 전에는 소를 제기하지 못하도록 규제하는 방안, 소송과의 연계제도로서 소송절차의 중지제도 외에 시효중단효를 부여하는 방안을 각각 제시하였다.

• Clinical and Experimental Reproductive Medicine
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• 제2권2호
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• pp.27-36
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• 1975

The success of the family planning program in Korea is reflected in the decrease in the growth rate from 3.0% in 1962 to 2.0% in 1971, and in the decrease in the fertility rate from 43/1,000 in 1960 to 29/1,000 in 1970. However, it would be erroneous to attribute these reductions entirely to the family planning program. Other socio-economic factors, such as the increasing age at marriage and the increasing use of induced abortions, definitely had an impact on the lowered growth and fertility rate. Despite the relative success of the program to data in meeting its goals, there is no room for complacency. Meeting the goal of a further reduction in the population growth rate to 1.3% by 1981 is a much more difficult task than any one faced in the past. Not only must fertility be lowered further, but the size of the target population itself will expand tremendously in the late seventies; due to the post-war baby boom of the 1950's reaching reproductive ages. Furthermore, it is doubtful that the age at marriage will continue to rise as in the past or that the incidence of induced abortion will continue to increase. Consequently, future reductions in fertility will be more dependent on the performance of the national family planning program, with less assistance from these non-program factors. This paper will describe various approaches to help to the solution of these current problems. 1. PRACTICE RATE IN FAMILY PLANNING In 1973, the attitude (approval) and knowledge rates were quite high; 94% and 98% respectively. But a large gap exists between that and the actual practice rate, which is only 3695. Two factors must be considered in attempting to close the KAP-gap. The first is to change social norms, which still favor a larger family, increasing the practice rate cannot be done very quickly. The second point to consider is that the family planning program has not yet reached all the eligible women. A 1973 study determineded that a large portion, 3096 in fact, of all eligible women do not want more children, but are not practicing family planning. Thus, future efforts to help close the KAP-gap must focus attention and services on this important large group of potential acceptors. 2. CONTINUATION RATES Dissatisfaction with the loop and pill has resulted in high discontinuation rates. For example, a 1973 survey revealed that within the first six months initial loop acceptance. nearly 50% were dropouts, and that within the first four months of inital pill acceptance. nearly 50% were dropouts. These discontinuation rates have risen over the past few years. The high rate of discontinuance obviously decreases the contraceptive effectiveness. and has resulted in many unwanted births which is directly related to the increase of induced abortions. In the future, the family planning program must emphasize the improved quality of initial and follow-up services. rather than more quantity, in order to insure higher continuation rates and thus more effective contraceptive protection. 3. INDUCED ABORTION As noted earlier. the use of induced abortions has been increase yearly. For example, in 1960, the average number of abortions was 0.6 abortions per women in the 15-44 age range. By 1970. that had increased to 2 abortions per women. In 1966. 13% of all women between 15-44 had experienced at least one abortion. By 1971, that figure jumped to 28%. In 1973 alone, the total number of abortions was 400,000. Besides the ever incre.sing number of induced abortions, another change has that those who use abortions have shifted since 1965 to include- not. only the middle class, but also rural and low-income women. In the future. in response to the demand for abortion services among rural and low-income w~men, the government must provide and support abortion services for these women as a part of the national family planning program. 4. TARGET SYSTIi:M Since 1962, the nationwide target system has been used to set a target for each method, and the target number of acceptors is then apportioned out to various sub-areas according to the number of eligible couples in each area. Because these targets are set without consideration for demographic factors, particular tastes, prejudices, and previous patterns of acceptance in the area, a high discontinuation rate for all methods and a high wastage rate for the oral pill and condom results. In the future. to alleviate these problems of the methodbased target system. an alternative. such as the weighted-credit system, should be adopted on a nation wide basis. In this system. each contraceptive method is. assigned a specific number of points based upon the couple-years of protection (CYP) provided by the method. and no specific targets for each method are given. 5. INCREASE OF STERILIZA.TION TARGET Two special projects. the hospital-based family planning program and the armed forces program, has greatly contributed to the increasing acceptance in female and male sterilization respectively. From January-September 1974, 28,773 sterilizations were performed. During the same time in 1975, 46,894 were performed; a 63% increase. If this trend continues, by the end of 1975. approximately 70,000 sterilizations will have been performed. Sterilization is a much better method than both the loop and pill, in terms of more effective contraceptive protection and the almost zero dropout rate. In the future, the. family planning program should continue to stress the special programs which make more sterilizations possible. In particular, it should seek to add the laparoscope techniques to facilitate female sterilization acceptance rates. 6. INCREASE NUMBER OF PRIVATE ACCEPTORS Among the current family planning users, approximately 1/3 are in the private sector and thus do not- require government subsidy. The number of private acceptors increases with increasing urbanization and economic growth. To speed this process, the government initiated the special hospital based family planning program which is utilized mostly by the private sector. However, in the future, to further hasten the increase of private acceptors, the government should encourage doctors in private practice to provide family planning services, and provide the contraceptive supplies. This way, those do utilize the private medical system will also be able to receive family planning services and pay for it. Another means of increasing the number of private acceptors, IS to greatly expand the commercial outlets for pills and condoms beyond the existing service points of drugstores, hospitals, and health centers. 7. IE&C PROGRAM The current preferred family size is nearly twice as high as needed to achieve a stable poplation. Also, a strong boy preference hinders a small family size as nearly all couples fuel they must have at least one or more sons. The IE&C program must, in the future, strive to emphasize the values of the small family and equality of the sexes. A second problem for the IE&C program to work. with in the: future is the large group of people who approves family planning, want no more children, but do not practice. The IE&C program must work to motivate these people to accept family planning And finally, for those who already practice, an IE&C program in the future must stress continuation of use. The IE&C campaign, to insure highest effectiveness, should be based on a detailed factor analysis of contraceptive discontinuance. In conclusion, Korea faces a serious unfavorable sociodemographic situation- in the future unless the population growth rate can be curtailed. And in the future, the decrease in fertility will depend solely on the family planning program, as the effect of other socio-economic factors has already been maximumally felt. A second serious factor to consider is the increasing number of eligible women due to the 1950's baby boom. Thus, to meet these challenges, the program target must be increased and the program must improve the effectiveness of its current activities and develop new programs.