금산분리 완화에 관한 법적 연구 - 완화방안과 문제점 해소를 중심으로 -

Abstract

In this dissertation, studying the history, theory about the relaxation of the separation of banking and commerce, and the supervision system for the company combined banking and commerce are main topics. There are many types of the separation and combination of banking and commerce according to the historic background and the development of capital market of each countries. Most of the European countries operate the combination of banking and commerce system. But U.S.A. does the separation of banking and commerce system. Our nation has the separation of banking and commerce system similar to the U.S.A. To develop our financial industry, to spread it to the world, and to meet the principle of free market economy in our Constitution, we have to pursuit the combination of banking and commerce rather than the separation of banking and commerce. If we adopt the combination of banking and commerce, according to the theory of economy of scale and scope we can have the competition of internal and international dimension on the financial industry. Furthermore this is the trend of the world banking and commerce system at least by the number of the countries and legal system. Then the bottom line is how to design the combination of the banking and commerce. In this dissertation, two main ways are suggested. One is to expand the ceiling that the industrial capital and financial capital can own the stock of each others without any license. Another is to erase the ceiling, and adopt the licensing system. When the ceiling system is adopted, it must be made higher over 33% for the full development of financial industry and for fulfilling the principle of free market economy in our Constitution. And When the licensing system is selected, whenever industrial company owns over 15/100, 33/100, 50/100 of the stock, it has to be licensed by the financial authority every time. Lastly to eliminate the concerning of the harming the safety and soundness by permitting the combination of banking and commerce, we have to establish the elaborate supervision system for the company combined banking and commerce. Those are reducing the limitation of large granting of credit, tightly supervising the commerce that owns banking, adopting the Source of Strength Doctrine, reforming corporate governance system, etc.