休眠計座 處理의 問題點과 立法論的 提案

Abstract

A Study on the Dormant Account Financial institutions including banks, security companies, insurance companies have dormant deposits or properties, which amount to huge sums, but going unclaimed for a certain period by their owners, these companies insert into their profit balances every year. But the absence of the system to administrate the dormant deposits or properties and the idleness of financial institutions in refunding them to their rightful owners raises a problem in the efficient management of dormant properties and the protection for depositors.  In this article, the author describes the concept of the dormant account and related legal topics, and introduce the systems in foreign countries related to the administration of dormant properties and propose an alternative to administrate the dormant properties efficiently as follows: (1) It is desirable for dormant accounts of financial institutions to be centralized and managed by a public institution and used in micro credit to relieve poverty-stricken people. (2) The author proposes to establish a micro bank for the purpose of the financial assistance to the people of lower income brackets. The financial assistance program for low income groups is being operating not only in low income countries but also in high income countries such as America and Canada. 3) The author suggests to legislate a law to centralize and administrate the unclaimed properties, including all properties unclaimed in every social track. The "Uniform Unclaimed Property Act" in America can serve as a good reference. The efficient system is necessary to refund dormant properties to owners on the one hand, and to administrate the properties unclaimed effectively on the other.