일본 은행 경영지배구조의 법적 고찰

Abstract

Since the 2002 revision of the Banking Law, Japanese banks have adopted in phases the recommendations of the Basel Committee on Banking Supervision (BCBS) and adjusted their governance in order to conform to changes made in the country's Corporate Law. Some of the provisions of Korea's Banking Act, which was amended in 2010, are actually the ones that had already been embraced by Japanese banks to use as guidelines for determining their governance structures. This essay discusses Japan's Banking Law and related laws pertaining to the governance of Japanese banks, which have experienced these kinds of changes up until today. In the process, the essay also introduces the case of Mizuho Financial Group to illustrate through what processes Japanese banks have reacted to these legal changes. Part II looks at the major laws and regulations of Japan pertaining to the governance of Japanese banks and overviews the new governance principle, the main directions of Japan's Corporate Law and Banking Law, and the basic structure of corporate governance of Japanese banks. Part III lists the regulatory provisions of Japanese Banking Law pertaining to governance such as the regulatory requirements for boards of directors and others, limitations on a bank's voting rights, the roles of auditors, and provisions on the supervision of banks.