父權主義 規制의 극복과 글로벌스탠다드
Global Standard and Overcoming the Paternalism
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Government intervention has been at issue possibly since the first nation being built. At a certain level of economic development Government intervention may play a leading role in a developing country. However as the private sector's ability grows more and more and the economy itself becomes much more complex than ever before, Paternalism will inevitably disclose its limit for the facilitation of the economic development of the nation. Global Standard is still one of the popular words as a Schlagwort in Korea especially after the financial crisis beginning 1997 to early 2000. We have to keep aware of that words every moment we are enacting any laws and regulation. It makes sense for us to keep abreast of the global trend, but often times it's hard to find the global standard and it's definition also is somewhat vague. Principle Based Regulation was hot issue after FSA announce their attitude toward financial regulation and define it as Principle Based Regulation or Impact Focused Regulation. It has been a fancy word for a certain time period and United State also thought of adopting that attitude to their financial regulation system. We thought that Global Standard is deregulation and put the market to regulate and correct any errors in it. However Global Financial Crisis changes the whole world at least with respect to a trend in financial regulation. Now we have to turn our attention to the paradox of deregulation and to what degree or sector we have to use the Regulation ex-ante or Regulation ex-post, or whatever form using mix and match strategy in designing our regulatory scheme for operating our system in Finance, Antitrust and even in Corporation Law area. Angemessene Regulierung is the answer we have to pursue to find right at this point. Still the default rule has to be "Human genius and innovation can be promoted at the time when they have enough room to exercise their freedom".
Abstract
Government intervention has been at issue possibly since the first nation being built. At a certain level of economic development Government intervention may play a leading role in a developing country. However as the private sector's ability grows more and more and the economy itself becomes much more complex than ever before, Paternalism will inevitably disclose its limit for the facilitation of the economic development of the nation. Global Standard is still one of the popular words as a Schlagwort in Korea especially after the financial crisis beginning 1997 to early 2000. We have to keep aware of that words every moment we are enacting any laws and regulation. It makes sense for us to keep abreast of the global trend, but often times it's hard to find the global standard and it's definition also is somewhat vague. Principle Based Regulation was hot issue after FSA announce their attitude toward financial regulation and define it as Principle Based Regulation or Impact Focused Regulation. It has been a fancy word for a certain time period and United State also thought of adopting that attitude to their financial regulation system. We thought that Global Standard is deregulation and put the market to regulate and correct any errors in it. However Global Financial Crisis changes the whole world at least with respect to a trend in financial regulation. Now we have to turn our attention to the paradox of deregulation and to what degree or sector we have to use the Regulation ex-ante or Regulation ex-post, or whatever form using mix and match strategy in designing our regulatory scheme for operating our system in Finance, Antitrust and even in Corporation Law area. Angemessene Regulierung is the answer we have to pursue to find right at this point. Still the default rule has to be "Human genius and innovation can be promoted at the time when they have enough room to exercise their freedom".
참고문헌 (20)
- 이원우, "경제규제와 공익", 서울대학교 법학, 47(3), pp.89~120 (2006), 법학연구소
- 이원우, "규제개혁과 규제완화: 올바른 규제정책 실현을 위한 법정책의 모색", 한국법률가대회 발표문 (2008)
- 이중기, "딱딱한 법집행을 부드럽게: ＂상세한 규정에 기한 규제＂에서 ＂원칙에 기한 규제＂로", 증권법연구, 8(1), pp.339~372 (2007), 한국증권법학회
- 정순섭, "원칙중심규제의 논리와 한계", 상사판례연구, 22(1), pp.37~72 (2009), 한국상사판례학회
- 최승재, "금융시장에서의 금융소비자의 행동양태를 고려한 투자자보호규범의 설계에 대한 연구 ―소위＂행동경제학＂적 관점을 반영하여", 증권법연구, 9(2), pp.227~270 (2008), 한국증권법학회
- 한상우, "규제개혁을 위한 법제개선 추진방향", 법제 법제처, ~
- Ben S. Bernanke, "Regulation and Financial Innovation", Speech at Financial Markets Conference (2007), Federal Reserve Bank of Atalanta
- Christie L. Ford, "New Governance, Coordination, Compliance, and Principle- Based Securities Regulation", American Business Law Journal, 45, pp.1~ (2008)
- Cudahy, "The Coming Demise of Deregulation", Yale Journal on Regulation, 10 (1993)
- Eric R. Dinallo, "Superintendent of Insurance", New York Insurance Department Issues First Principle-Based Regulation Proposing Principles for Both Regulated and Regulators (2007)
- FSA, "Principles-based Regulation-Focusing on the Outcomes That Matter", ~ (2007)
- FSA, "The Turner Review: A regulatory response to the golbal banking crisis", ~ (2009)
- George Stigler, "The Theory of Economics Regulation", Bell J. Econ, & Mgmt, Sci, 3(4), pp.11~12 (1971)
- Julia Black, "Making a Sucess of Principles-based Regulation", ~ (2007)
- OECD, "The OECD Review of Regulatory Reform in Korea", ~ (2000)
- Pelzman, "Toward a More General Theory of Regulation", J. L & Econ, 19, pp.211~212 (1976)
- Richard Posner, "Theories of Economic Regulation", Bell J. Econ, & Mgmt, Sci, 5, pp.335~ (1974)
- Richard Posner, "How Judges Think" (2008), Harvard University Press
- Roel C. Campos, "Principles v. Rules", Speech by SEC Commissioner at Luxembourg Fund Association and the American Chamber of Commerce at Luxembourg (2007)
- U.S. Department of Treasury, "Financial Regulatory Reform: A New Foundation", ~ (2009)