금융기관 임직원 제재제도의 문제점과 개선 방안

Abstract

The sanction means the measures taken by the Financial Supervisory Commission (hereinafter, the ‘FSC’) or the Governor of the Financial Supervisory Service(hereinafter, the ‘FSS’) against a financial institution’s officers and employees pursuant to related financial statutes on the basis of illegal or improper acts. An officer or employee of financial institution who has been under sanctions pursuant to related financial statutes shall be restricted from being appointed as an officer for a certain period as set forth in each regulation on supervision of relevant financial institutions on the basis of the financial statutes. Therefore, establishment of legal and equitable system of sanction is very important. However, there are some problems in the existing sanctions system. At first, the reasons of sanction against officers of a financial institution is too inclusive. Second, each financial law provides a variety of different sanctions. Third, the appeal and the right remedy procedures are insufficient. Finally, it is not enough both independence and impartiality for the Sanction Review Committee. In order to improve these problems, the purpose of this paper is to clarify the reasons of the sanction, to unify the different types of sanctions, and to equip the appropriate appeal procedures. At last, the independence and impartiality of the Sanctions Review Committee shall of course to be strengthened in order to ensure fairness and reliability of the Sanctions Review Committee.