• Journal of Legislation Research
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• no.53
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• pp.213-267
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• 2017

Regulatory barrier is considered most challenging out of all FinTech barriers, which many technology innovators have always experienced. Even though technological solutions promise customers accessibility to more cost-effective and secured financial services, it is quite challenging to create regulatory environment that enables innovation FinTech industry. Especially, a common challenge FinTech innovators and business face is regulatory uncertainty and confusion rather than any particular regulation. Since many FinTech models are continuously introducing new innovative ways in providing financial services, significant confusion could be raised in applying principles of existing law and regulations. In addition, it is uncertain whether or not applying complex regulatory compliance model intended for large financial institutions to small start-ups is appropriate since most existing regulations and rules are established and introduced without considering innovative tools such as mobile instruments, e-trade, and internet. Therefore, new mechanism to access to regulatory information in a more cost-effective, quick and immediate way should be created. Regulators, technological innovators, and financial customers should cooperate each other to find out appropriate solutions for those issues. Many regulators are introducing regulatory sandbox which provides service providers with opportunities to test their innovations, during the test, providing regulators with enough time to understand risks of innovations. However, regulatory sandbox is not a panacea for all challenges to FinTech innovations. Therefore, regulators should make comprehensive and multidimensional efforts including regulatory sandbox in supporting FinTech ecosystem.