The current Financial Investment Services and Capital Markets Act stipulates that a financial investment business entity shall not engage in promising investors in advance to compensate for losses or guarantee a certain amount of returns or to offer them to investors after the fact in connection with the trading of financial investment instruments, etc.
However, where a fund management entity requests that a financial investment entity offer a fixed return when a fund management entity entrusts fund management and the financial investment business entity inevitably accepts it, there is no legal ground to prevent it even though the fund management entity, in fact, causes the financial investment entity to commit an illegal act.
Therefore, the amendment aims to provide a ground to stipulate that no trust guarantee fund shall request financial investment entities to compensate for losses in advance or guarantee a certain amount of returns after the fact without justifiable reason when trust guarantee funds entrust financial investment entities with business in connection with fund management such as trading in financial investment instruments and other transactions (Article 30-2 newly inserted).

Prohibition of Requesting to Compensate Losses, etc., when Entrusting Fund Management (Article 30-2)