농업협동조합법 개정안의 문제점 : 국내 보험산업에 미치는 영향과 국제통상 마찰 가능성을 중심으로

Abstract

This article reviews the legitimacy of the amendment bill of the Agricultural Cooperatives Act (hereinafter ‘the bill’) and insists that the bill should be harmonized not only with other laws including the Holding Company Act, the Financial Holding Company Act, the Insurance Industry Act, the Anti-Monopoly and the Fair Trade Act and the Korea Constitution, but also with the commercial treaties. In this article, Chapter Ⅰ contains an introduction to the history of Korean nonghyup (unit agricultural cooperatives) and the Korean Nonghyup Junganghue (the Agricultural Cooperatives Federation) and their development especially in the mutual-aid project area which is a kind of nonprofit insurance. In Chapter Ⅱ, I attempt to choose some legal issues arising from the bill and to criticize them from the viewpoint of legitimacy. Firstly, I indicate the necessity of the separation of the financial capitals from the industrial capitals. Secondly, I explain the risk of the combining the management of life insurance business and property insurance business. Thirdly, I concern the bill provides privileged treatments to the unit agricultural cooperatives and the Agricultural Cooperatives Federation unconstitutionally and discriminates private insurance companies. Additionally I point out the possibility of unfair competition or unfair transacts in the insurance market after the bill is legislated by the National Assembly. In Chapter Ⅲ, this article insists that the bill has some legislative problems including an infringement of the principle of the Separation of the Powers, inadequate treatment of important legal affairs through additional clauses. In Chapter Ⅳ, I describe the bill should be harmonized with the commercial treaties such as the KORUS FTA, Korea EU FTA. Lastly in Chapter Ⅴ, I recommend that legislature should consider the bill very carefully.