사회적 금융 전문 금융기관 설립을 위한 법적 검토

Abstract

Social finance, which pursues financial returns along with social values, is drawing attention as an alternative to solving new social problems beyond financial welfare and policy financing. As interest in social finance has increased around the world, Korea announced a "Revitalization plan of social economy" jointly with related ministries in 2017, and the Financial Services Commission prepared a "Revitalization plan of social finance" in 2018. Since then, the Financial Services Commission has been working to promote social finance by holding a 'Social Finance Council' with related agencies. As a result, the public sector and major banking sectors continue to expand funding and loan, but if the change in policy stance no longer provides funds from banks and the public sector, the sustainability of business operations may be difficult for companies seeking social value. In addition, existing alternative financial institutions, which were mainly funded by social value companies before the social financial revitalization policy, are not official financial institutions, and rely on private donations in the form of non-profit organizations or corporations. Therefore, it is difficult to continuously provide funds to companies if they lack funds such as donations. And, in reverse, companies that are supported do not have much responsibility for the repayment of funds, causing moral hazard. In order to strengthen the responsibility for the management of an enterprise and to achieve sustainable financing, the establishment of specialized financial institutions for social finance that can receive deposits from an unspecified number of people should be established. With the continuous inflow of private capital, a virtuous cycle of funds will be possible when funds can be supplied to social value companies. In this paper, we first reviewed the need for specialized financial institutions for social finance and existing bills proposed for the establishment of specialized financial institutions for social finance. Then, instead of the Banking Act, which has large entry regulations, this paper reviews regarding the establishment of specialized financial institutions for social finance through the enactment of special laws, as well as the law related to Credit Union, Mutual Savings Bank for the business purpose of pursuing social values. It is intended to compare the enactment of a special law with the exception of the current law, and to propose that specialized financial institutions for social finance can be established legally.