은행 소유규제의 유효성 제고를 위한 정책과제

Abstract

The control of Korea Exchange Bank by the Lone Star Fund raised nemerous legal and supervisory issues on the current ownership regulation of commercial banks of Korea. Especially such issues as universal and nondiscriminatory appli- cation of banking regulation on both residents and nonresidents, verifying the eligibility of financial group, the procedure of divesture, supervisory power of regu- latory agency upon controling shareholder of banks are the aspects most vigorously debated. This study is arguably the first attempt to analyze those issues, analyzing issues on ownership regulation in general and on eligibility in particular. Suggestions on the amendment of current regulatory structure are as follows: Firstly, bank holding company approach applied nondiscriminatorily rather than the concept of non- financial group is much clearer and more effective regulatory tool to uphold the principle of the separation of banking and commerce. Secondly, even before the introduction of universal application of bank holding company approach, it is urgently needed to sharpen the regulatory power on the controling shareholders of banks, especially in areas of inspection, hearing, and cease and desist power. Thirdly, explicit procedure on divesture and policy measures on recovering unjust enrichment from illegal ownership of banks are to be established. Lastly, future study is warranted on other extreme regulatory power such as restitution order or power to rescind the illegal contract.