신용평가 관련 법제의 개편 필요성에 관한 법적 고찰

Abstract

Credit rating of the investor protection purposes by a natural occurrence, as the market needs. Credit rating of the most developed in the United States was not even legal regulation about credit rating. However, the Enron bankruptcy and the subprime mortgage crisis causing a worldwide economic crisis resulting from the bad credit rating as it turns out, the legal regulations for credit rating are amended to quickly. Characteristics to amend legal regulations to credit rating is summarized the reduction of the dependency for credit ratings, a strong regulatory up to through the legal integrity of the company's internal operation, acquiring legal consistency of the international cooperation. In Korea, credit rating was for the purpose of adoption policy, was legal regulated in the early stage compared to other countries. However, Use and Protection of Credit Information Act work for protecting the privacy of credit information and there is a difference a function of credit rating in respect of the purposes to protect investors. This paper insists on the necessity to revise Use and Protection of Credit Information Act especially about credit rating. In July, the Government proclaims changing regulations of credit rating on the basis from Use and Protection of Credit Information Act to Financial Investment Services and Capital Markets Act. Overall revision is similar to it of foreign countries, but differ from related to the reduction of dependency on credit rating. I will be fixed in the next legislative process.