英文摘要 |
Financial consumer protection has always been an indicator of the progress of any given country’s financial law. In October 2011, the Organization for Economic Cooperation and Development (the “OECD”) released G20 High-Level Principles on Financial Consumer Protection (the “High-Level Principles”), and emphasized that, “All financial consumers should be treated equitably, honestly and fairly at all stages of their relationship with financial service providers. Treating consumers fairly should be an integral part of the good governance and corporate culture of all financial services providers and authorized agents.” In view of the High-Level Principles, the Financial Supervisory Commission (the “FSC”) launched Treating Consumer Fairly Principles (the “TCF Principles”) in December 2015. Furthermore, in order to encourage financial institutions to self-examine the areas where internal control and internal audit should be strengthened to enhance the effectiveness of corporate governance, the FSC have implemented the assessment mechanism of the compliance of the TCF Principles since 2019. However, the TCF Principles, which are comprised of provisions of different laws and regulations to prompt financial institutions to form the corporate culture of financial consumer protection, are in fact administrative guidelines with no legal binding forces. It’s necessary to clarify whether the insurance consumer protection established by the TCF Principles has its boundary. Owing to the relevant importance of huge amounts of financial disputes, this article will therefore focus on the contracting stage of insurance contracts and analyze “the principle of truth in advertising solicitation”, “the principle of notification and disclosure” and “the principle of professionalism of business personnel” under the TCF Principles and related cases and controversies. Simultaneously, this article will also review the cases which applied the Fairness and Reasonable Principles (the “FR Principles”) by The Financial Ombudsman Institution, and examine the relation among the TCF Principles, FR Principles and private law. |