예금자보호법상 예금보험관계와 금융기관 파산절차에 관한 연구

Abstract

Since the deposit insurance system uses the name of insurance, the financial institution that is an insurance contractor has to pay the insurance premiums, and the Korea Deposit Insurance Corporation (hereinafter referred to as ‘KDIC’), which is in the status of insurer at the time of occurring an insured accident, shall be obliged to pay the sum insured. However, deposit insurance corresponds to public insurance as an economic policy insurance that is operated for national policy in the national economic aspect. Unlike general private insurance, the deposit insurance system can not be applied in the same way with the principle of the insurance or the principle of the algebraic law within it. Deposit insurance, after depositing premiums paid by financial institutions as a deposit insurance fund, if a financial institution can not comply with a deposit withdrawal request from a depositor due to reasons such as insolvency, will pay certain deposits as benefits to depositors on behalf of the accrued financial institutions. In that point of view, deposit insurance has the nature of non-life insurance, and in the point that the policyholder and the insured are different, it can be regarded as a type of non-life insurance contract for others. In particular in the case of deposit insurance, the fact that an insurance accident does not occur as an independent accident but has a tendency to chain is also not common in other insurance. The KDIC, which has the status of an insurer of a financial institution, was selected as a bankruptcy trustee at the time of the bankruptcy filling of the insolvent financial institution, and the bankruptcy work was efficiently and promptly performed and received a positive evaluation. Efforts of deposit insurance to effectively manage, maximize dividends and contribute to the bankruptcy system are highly appreciated. The study examines the main contents of deposit insurance centering on the legal insurance relationship, not the contractual relationship between the KDIC and the financial institution as well as reviews the core business contents of KDIC under insurer status of private insurance and legal issues arising from the bankruptcy process. Regarding the bankruptcy administrative affairs, the role of the KDIC contributing to the operation and management of the bankruptcy foundation and its performance were worthy of recognition. Nevertheless, a dispute over the legal status of thae KDIC is always present and the role of KDIC, which manages the risks of financial institutions more actively rather than only limited to the traditional functions of paying deposits of insolvency of financial institutions, is required. And it is necessary to further expend the scope of deposit insurance in order to introduce the functional deposit system and protect depositors.