공정거래법상 지주회사의 규제에 대한 개선방안 -행위규제를 중심으로-
A study on the restriction and improvements of holding companies on Monopoly Regulation and Fair Trade Act. - Focusing on the restriction of act -
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Since Holding company system was allowed in 1999, the establishments of companies by the system has been increasing rapidly. Holding company means a corporation that owns enough voting in one or more other companies to exercise control over them. This paper is concerned whit the legislations of holding companies which have excessively been regulated by the government. There are such various regulations in the present law to restrain the intrinsic-negative function of the holding company system as declaration system and liability ratio limitation on its establishment and conversion, restricting the subsidiary minimum share ratio, the limitation of ownership for domination, the financial holding companies prohibition against non-financial subsidiary share holding and grand-daughter companies. Therefore, this article aims to provide the problems regarding the validity of the holding companies and then to solve the various and rigid regulations of the holding companies. As we look over the example of the exotic legislation, most countries in American-European area had not the regulation related the holding company on itself but that concerned with consolidation regulation to contain the economic concentration in specific markets, whereas Korea and Japan released the prohibition of its system to prevent the normal concentration of firm conglomerate group in the total aspect of the national economy, at that point, they are still adding some restriction on the activities after releasing it. Therefore, I think that companies should decide conversion into holding company system for themselves, definition, conversion and establishement of holding companies should be modified for autonomy. Conversion into holding companies should be autonomously decided by individual companies through sufficient preparation according to their management strategies.
Abstract
Since Holding company system was allowed in 1999, the establishments of companies by the system has been increasing rapidly. Holding company means a corporation that owns enough voting in one or more other companies to exercise control over them. This paper is concerned whit the legislations of holding companies which have excessively been regulated by the government. There are such various regulations in the present law to restrain the intrinsic-negative function of the holding company system as declaration system and liability ratio limitation on its establishment and conversion, restricting the subsidiary minimum share ratio, the limitation of ownership for domination, the financial holding companies prohibition against non-financial subsidiary share holding and grand-daughter companies. Therefore, this article aims to provide the problems regarding the validity of the holding companies and then to solve the various and rigid regulations of the holding companies. As we look over the example of the exotic legislation, most countries in American-European area had not the regulation related the holding company on itself but that concerned with consolidation regulation to contain the economic concentration in specific markets, whereas Korea and Japan released the prohibition of its system to prevent the normal concentration of firm conglomerate group in the total aspect of the national economy, at that point, they are still adding some restriction on the activities after releasing it. Therefore, I think that companies should decide conversion into holding company system for themselves, definition, conversion and establishement of holding companies should be modified for autonomy. Conversion into holding companies should be autonomously decided by individual companies through sufficient preparation according to their management strategies.
참고문헌 (35)
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