‘공정거래법상 일반지주회사의 금융·보험회사 보유제한 규제’에 대한 연구

Abstract

Under the Fair Trade Act, regulation on the restriction of financial and insurance companies of general holding companies is focused on the principle of separation of financial and commerce. However, considering the characteristics of the holding company system, which is operated by the Fair Trade Commission(FTC) with a large corporate group, it is necessary to consider the restraint of economic concentration as well. In the case of a corporate group that is converted into a holding company structure, the financial and insurance companies should be sold to outside companies. However, as shown in the case of Doosan Group and SK Group, it is a burden due to difficulty in selecting appropriate buyers. Compared with foreign legislation, Korea is the only country that regulates general holding companies through competitive law and sanctions are being made by the competition authorities. In terms of the principle of separation of financial and commerce, the major countries are focused on the restriction of industrial capital ownership of financial capital and the restriction of financial capital ownership of industrial capital is only carried out by bank ownership. Therefore, there is a need to mitigate regulations limiting the holding of financial and insurance companies by general holding companies, and it is necessary to review ways to minimize the occurrence of related side effects. First of all, even if financial and insurance companies are permitted, it is unlikely that the insolvency risk of the industry will be transferred or the financial capital will be a sponsor of the large corporate group due to the restrictions on the pre-retention restrictions and the examination of the eligibility of major shareholders. However, it is hard to avoid criticism that customer funds such as deposits, insurance premiums, and investment funds can be operated for the benefit of the corporate group and contribute to intensified economic power due to restructuring methods such as acquisition of treasury stocks, personnel splitting, and investment in kind during the process of transition to a holding company structure. For this reason, it is necessary to apply deregulation differently to each financial and insurance business type, and considering the absence of fund receiving function, and the possibility of low risk transfer, the credit financial business is considered to be the most suitable type to apply.