인터넷전문은행의 법적 쟁점과 활성화 방안 - 인터넷전문은행법을 중심으로 -

Abstract

At the beginning, online banks were established based on the Banking Act, but with the establishment of the Online Banking Act(hereinafter as “Special Act”), they would be subject to it. However, since online banks are also banks, the Special Act stipulates that any conditions and matters not stipulated in the Special Act shall be handled in compliance with the Banking Act. In this respect, the Special Act is in a close association with the Banking Act and consequently, its clause on the separation of banking and commerce in the banking would influence the Banking Act. Therefore, the operation and application of the Special Act would be significant in terms of the development of the entire banking industry. Considering that the current industrial environment has been led by information and communication technology and the innovation of the banking industry is critically urgent, the establishment of online banks has a significant meaning. In addition, banks should not only play a key role in the development of national economy, but also it should have and maintain a competitiveness to be able to compete in the global banking industry. Thus, it would be necessary to supplement and correct the weaknesses of current legal regulations and laws so online banks could play a proper role in the market. In this study, a few issues and improvement plans of online banks have been reviewed. First, considering the interpretation of a definition of online bank and current status of online bank in the global market, it found that the establishment and operation of branch offices would be necessary. Second, the clause of restriction on loan to a corporate body is to prevent banks from making bad loans to a non-financial person. However, it also prevents online banks from making profits and in turn, lowering their earning power so it would be necessary to terminate this clause. Third, online banks are required to get established according to the approval procedure of the Banking Act and this study found that it would be necessary to have a prompt but strict approval procedure. Since the approval of the preliminary examination is given on the premise of the actual approval, the entire procedure should be designed as an one-stop procedure while supplementing any inappropriate matters. Fourth, the Special Act stipulates that the minimal capital of online banks to a level of local banks, stated in the Banking Act, despite that online banks are national banks. It would be fair to say that it facilities the entry to the online bank industry, but it is also necessary to subdivide the categorizes of online banks and to allow online banks with 2 to 3 times of the current minimum capital. Fifth, the Special Act restricts a non-financial person, capable of holding up to 34% of voting shares to information and telecommunications company, but its enforcement decree allows a person to be an excess shareholder even if the person is not an information and telecommunications company as long as the person is a conglomerate of which mutual contribution is not restricted. Corresponding to the purpose of the separation of banking and commerce, a non-financial person capable of holding excess voting shares shall be limited to a company focusing on an information and communication business. Sixth, the Special Act stipulates that the online banking license can be revoked if the bank violates the prohibition of major shareholder transaction, but it would be necessary to stipulate that online banking business can be canceled in the case of illegal major shareholder transaction. In addition, the financial authorities should strictly interpret and apply the clauses of the Special Act so its various functions could properly function and have a positive impact on the market. Typically, for activation of a certain system or policy, it would be possible to assume that the corresponding legal regulations would be applied in the flexible manner, but since the banking industry has a direct influence over every industrial field and citizens and hinder the foundation of the national economy, it is critical to strictly comply with standards and principles rather than having an immediate political consideration.