은행의 증권관련업무 영위에 대한 자본시장법 적용의 법적 문제

Abstract

In 2007, the National Assembly of the Republic of Korea enacted what has become known Capital Market and Financial Investment Business Act(“CMFIBA”) which is scheduled to be implemented in Feb. 4, 2009. CMFIBA switchover current institutional regulation system to functional regulation system, and unified various financial entities into financial investment business company("Financial Company"). As Financial Company, which substitute securities company, can conduct various kind of capital market related activities, the competition among financial institutions, including Banks, is becoming fierce. Therefore it might be inevitable that Financial Company and Banks will be likely to compete for the same customers, as the rapid change in financial environments is taking place domestically and worldwide. This article discusses the efforts to expand banks' powers in the area of securities related business under the CMFIBA. A through analysis for securities business for a bank are conducted on the problems which will be presented after the date of CMFIBA's promulgation. Part Ⅱ of this article examines the securities related business of a bank under current Banking Act, especially focused on ancillary business of a bank. Part Ⅲ of this article analyzes the securities related business of a bank under CMFIBA. In Part Ⅳ, this article elicits the measures for enhancing the competitiveness of the banking industry. In particular, this article suggests introducing the negative system in defining the scope of a bank's business. In line with this, this article suggests the necessity of unifying regulatory system in financial areas, especially in banking, securities, insurances ares. This article also suggests the necessity of expanding M&A business for banks, in order to promote its competitiveness.