보험업에 대한 금융법적 감독과 경쟁법적 규제간의 관계
The Relations of Regulation for Insurance Business between Financial Regulation Law and Competition Law
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Insurance business is considered as the part of the financial business. So it is regulated by financial regulation law such as the Insurance Business Act. In Korea, the Financial Service Commission(FSC) and the Financial Supervisory Service(FSS) examinate and supervise insurance companies. On the other hands, insurance market is regulated by competition law such as the Monopoly Regulation And Fair Trade Act. In Korea, the Fair Trade Commission(FTC) has authority to regulate common behavior or unfair acting of insurance companies. There are many differences of viewpoint in financial supervision and competition regulation. So, there are some conflict between administrative guidance of the financial supervising organization(such as the Financial Service Commission and the Financial Supervisory Service) and regulation of the Fair Trade Commission. This circumstance confuses insurance companies and makes uncertainties in insurance business. In this paper, the author comments on financial supervision and competition regulation for insurance business in Korea, and analyze some FTC cases. In conclusion, the author suggest it would be necessary to make a new guiding principle as soon as possible for solving this conflict problem in insurance business.
Abstract
Insurance business is considered as the part of the financial business. So it is regulated by financial regulation law such as the Insurance Business Act. In Korea, the Financial Service Commission(FSC) and the Financial Supervisory Service(FSS) examinate and supervise insurance companies. On the other hands, insurance market is regulated by competition law such as the Monopoly Regulation And Fair Trade Act. In Korea, the Fair Trade Commission(FTC) has authority to regulate common behavior or unfair acting of insurance companies. There are many differences of viewpoint in financial supervision and competition regulation. So, there are some conflict between administrative guidance of the financial supervising organization(such as the Financial Service Commission and the Financial Supervisory Service) and regulation of the Fair Trade Commission. This circumstance confuses insurance companies and makes uncertainties in insurance business. In this paper, the author comments on financial supervision and competition regulation for insurance business in Korea, and analyze some FTC cases. In conclusion, the author suggest it would be necessary to make a new guiding principle as soon as possible for solving this conflict problem in insurance business.
참고문헌 (17)
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