금융감독제도의 새로운 방향 모색에 대한 법․제도적 고찰

Abstract

Recently, global financial crisis originated from the U.S. cause people around the world to have more interests in financial supervision. Financial services commission and financial supervisory service are trying to change supervision in order to improve Korea's financial supervision, emphasizing Principle-Based Regulation, Risk-Based Regulation and Preventive Supervision System. Principle-Based Regulation is meaningful in terms of effective resource distribution. This approach focuses on principles and results beyond intelligent-centered supervision dealing with details about how financial companies do their business. Risk-Based Regulation intends to protect property rights of financial clients and ensure stable financial markets by estimating and controlling risks of each financial organization rather than simply meeting the purpose of following relevant regulations and laws. This approach is involved in risk data collection/analysis/estimation and risk reduction process and related supervisory actions. Meanwhile, distribution of supervision burden through self-regulatory organization is required to implement this approach. More specialized organization must be in charge of some administrative authorities required to maintain national economic order, ultimately, maximizing efficiency. That is, relevant administrative organizations must take responsible for any actions and results. In relation to change in supervision, supervision through administration persuasion. For administration guidance, non-power factual behaviors have effects on factual behaviors, causing problems. Administrative process is aimed at withdrawing general administrative processes and preventing any damage in rights. New approach of supervision is meaningful in that it improves market efficiency and ensures effective use of supervision resources. However, this new approach must harmonize with the existing rule-based methods to maximize its efficiency. Ultimately, it is very important to find out the best association in changing paradigm.