은행대리업 제도의 도입에 따른 규제법적 과제

Abstract

This article seeks to review the regulatory issues when Korea introduces a bank agency system. A bank agent is defined as ‘an institution which provides banking business such deposit-taking and lending activities on behalf of a specified bank.’ In relation to introducing a bank agency scheme, this article suggests the following legislative measures: first, a provision regarding a bank agent should be inserted in the Bank Act; Second, the entry regulation should be operated as a registration system rather an authorization or permission system; third, a bank as designated as a principal should be responsible for supervising a bank agent, and a bank agent’s customers should be allowed to bring a damage action directly against such a bank; fourth, the conduct of business regulations should be added, including separation between its customers’ assets and its own assets and explanation duty; fifth, in addition to a dispute conciliation system, an arbitration clause should be inserted in the Bank Act to effectively resolve the dispute between a bank agent and its customers; sixth, the provisons regarding the regulator’s inspection and supervision against a bank agent should be inserted in the Bank Act. Seventh, a bank agent should be permitted to be delegated to confirm the real name of its customers.