한·미·EU의 보험·금융투자지주회사에 대한 비교법적 연구
A Comparative Study on the Non-Bank Holding Company under the Korean Financial Holding Company Act, the U.S. and European Legal System
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Since 2007, most of countries including Korea in the world have had tremendous difficulty experiencing financial crisis originated from the United States. Such a financial crisis in the United States resulted from the ineffectiveness of non-bank financial groups like non-bank holding companies. Because of that, many non-bank financial companies went bankruptcy and there exist some rooms. Only if such a market vacuum is superseded by Korean non-bank financial companies, it must be an opportunity for Korea. For this, the article exams the legal systems of Korean, the United States and European Union (hereinafter EU) on non-bank holding companies such as insurance holding company and financial investment holding company and learns lessons from them as follows: (1)difference of non-bank holding companies and between bank holding company and non-bank holding companies, (2) whether or not individual regulations for non-bank financial holding companies exist, (3) supervisory regulator over non-bank holding companies, (4) credits within the entire non-bank holding company system including holding company and its subsidiaries, (5) internal control system and compliance officer, and (6)concurrent office. The author concludes that the Korean non-bank financial holding company follows the global trend. However, Korea needs to prepare for alternative mechanism to prevent risk contagion from non-financial subsidiaries to other financial subsidiaries and their holding company. In this sense, the author also suggests that Korea continues to examine a reasonable measure to improve non-bank financial holding company system under the Korean Financial Holding Company Act.
Abstract
Since 2007, most of countries including Korea in the world have had tremendous difficulty experiencing financial crisis originated from the United States. Such a financial crisis in the United States resulted from the ineffectiveness of non-bank financial groups like non-bank holding companies. Because of that, many non-bank financial companies went bankruptcy and there exist some rooms. Only if such a market vacuum is superseded by Korean non-bank financial companies, it must be an opportunity for Korea. For this, the article exams the legal systems of Korean, the United States and European Union (hereinafter EU) on non-bank holding companies such as insurance holding company and financial investment holding company and learns lessons from them as follows: (1)difference of non-bank holding companies and between bank holding company and non-bank holding companies, (2) whether or not individual regulations for non-bank financial holding companies exist, (3) supervisory regulator over non-bank holding companies, (4) credits within the entire non-bank holding company system including holding company and its subsidiaries, (5) internal control system and compliance officer, and (6)concurrent office. The author concludes that the Korean non-bank financial holding company follows the global trend. However, Korea needs to prepare for alternative mechanism to prevent risk contagion from non-financial subsidiaries to other financial subsidiaries and their holding company. In this sense, the author also suggests that Korea continues to examine a reasonable measure to improve non-bank financial holding company system under the Korean Financial Holding Company Act.
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