금융감독시스템과 금융소비자 보호 : 해외 금융감독시스템 개편동향과 시사점
In Search of an optimal Financial Regulatory Structure for Promoting Robust Financial Consumer Protection: Lesson from the International Regulatory Structures Reform
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Recently, the debate over fixing the fragmented financial services regulatory structures abroad is raising questions about merits of having singular regulator in Korea. Regulatory structure is important to promote robust financial consumer protection and the problem has become more acute in recent days. There are many factors that influence the financial consumer regulatory performance, which are interlinked such as independency, accountability, transparency, effectiveness, expertness, competency etc. However, issues as like what gets regulated in the financial industry, how it gets regulated, when it gets regulated and by whom are primarily regulatory turf issues and seem to be very controversial. This paper argues that although regulatory agency structure is very important and a key to have the competitiveness of a financial market, concerning the current situations faced in Korea, the most important thing is to balance and resolve the conflicting regulatory purposes within the single financial regulator. Our current financial regulatory organization has multiple goals that sometimes have conflicting policy implications to the regulatory agency. Alternatively, the goals may be assigned to more competing agency. That is said to take twin peaks models. To evaluate the effectiveness and performance of current financial regulatory system in Korea, considering and recognizing new movements of international regulatory structures reforms is necessary and of importance. This paper tries to find optimal financial regulatory structures and how to accomplish those system. To this purpose, the first section explains what is optimal financial regulatory structure and how to establish it. The second section analyzes the background and reasons of recent reforming regulatory structures in foreign countries. This section also compares the types of financial regulatory system models in details. The third section describes briefly the foreign countries' experience and each government's plan to fix fragmented financial regulatory systems. To summarize, this paper intends to analyzes the recent international regulatory reforms and aims to evaluate the debate over regulatory agency structures and performance.
Abstract
Recently, the debate over fixing the fragmented financial services regulatory structures abroad is raising questions about merits of having singular regulator in Korea. Regulatory structure is important to promote robust financial consumer protection and the problem has become more acute in recent days. There are many factors that influence the financial consumer regulatory performance, which are interlinked such as independency, accountability, transparency, effectiveness, expertness, competency etc. However, issues as like what gets regulated in the financial industry, how it gets regulated, when it gets regulated and by whom are primarily regulatory turf issues and seem to be very controversial. This paper argues that although regulatory agency structure is very important and a key to have the competitiveness of a financial market, concerning the current situations faced in Korea, the most important thing is to balance and resolve the conflicting regulatory purposes within the single financial regulator. Our current financial regulatory organization has multiple goals that sometimes have conflicting policy implications to the regulatory agency. Alternatively, the goals may be assigned to more competing agency. That is said to take twin peaks models. To evaluate the effectiveness and performance of current financial regulatory system in Korea, considering and recognizing new movements of international regulatory structures reforms is necessary and of importance. This paper tries to find optimal financial regulatory structures and how to accomplish those system. To this purpose, the first section explains what is optimal financial regulatory structure and how to establish it. The second section analyzes the background and reasons of recent reforming regulatory structures in foreign countries. This section also compares the types of financial regulatory system models in details. The third section describes briefly the foreign countries' experience and each government's plan to fix fragmented financial regulatory systems. To summarize, this paper intends to analyzes the recent international regulatory reforms and aims to evaluate the debate over regulatory agency structures and performance.
참고문헌 (37)
- 김영도, "원칙중심감독 도입방안", 한국금융연구원, ~ (2008)
- 안수현, "금융규제체계상 자율규제의 지위와 역할", 증권, (15) (2008), 한국증권업협회
- 안수현, "법·제도·집행·분쟁 측면에서 본 금융소비자보호체제와 평가", 금융소비자학회 창립기념세미나 자료집 (2010)
- 원승연, "금융소비자보호와 금융감독체계", 한국금융소비자학회 춘계정책심포지엄 (2011), 한국금융소비자학회
- 이형기, "금융위기 이후 영국과 미국의 금융규제시스템 개혁에 관한 연구", 유라시아연구, 7(1), pp.171~194 (2010), 아시아.유럽미래학회
- 정순섭, "원칙중심규제의 논리와 한계", 상사판례연구, 22(1), pp.37~72 (2009), 한국상사판례학회
- 정순섭, "금융규제개혁과 금융소비자 보호", 상사판례연구, 22(4) (2009), 한국상사판례학회
- 함준호, "금융규제 감독체계의 개선방향", 한국금융학회 금융정책 심포지엄 발표자료 (2009)
- Issues in the Unification of Financial Sector Supervision, "Abrams, Richard K", ~, pp.IMF Working Paper, WP (2000), 00[DOI]
- What does international Experience tell Us about regulatory Consolidation, "Adriane Fresh", ~, pp.PEW, Briefing Paper #6
- Christos Hadjiemmanuil, "Institutional Structure of Financial Regulation: A Trend towards 'Megaregulaors'", pp.127~ (2000), Y. B. Int's Fin. & Econ. L
- Davies, H., "Integrated Financial Supervision in the United Kingdom and Lessons for Others, in Aligning Financial Supervision with Country Need", World Bank Institute
- Structural Reform of Financial Regulation: The Case of Canada, "Eric J. Pan", ~, pp.Working Paper No. 250 (2009)
- Giorgio Di Giorgio, "Financial Regulation and Supervision in the Euro Area: A Four-Peak Proposal", Wharton Financial Institutions Center, ~ (2001)
- Goodhart, C.A.E., "The Institutional Structure of Financial Regulation in Financial Regulation, Why, How and Where Now" (1998), Routledge Publication
- Institutional Seperation between Supervisory and Monetary Agencies, "Goodhart, C.A.E", ~, pp.LSE Financial Markets Group Special Paper No. 52.
- Jennifer Hughes, "FSA admits Failings over Northern Rock" (2008), Fin. Times
- Julia Black, "Making a Success of Principles-based Regulation", Law and Financial Markets Review, 1, pp.191~ (2007)
- Jeffrey Carmichael AO, "The Australian Approach to Regulation", Promontory Financial Group, ~ (2009)
- Twin Peaks: A Regulatory Structure for the New Century, "Michael Taylor", ~ (1995)
- Taylor, M, "Peak Practice: How to Reform the UK's Regulatory System", Centre for the Study of Financial Innovation, ~ (1996)
- "Managing Capital Flows: the Search for a Framework"[URL]
- "Is there an optimal Way to Structure Supervision" (2007)[URL]
- Finance and the Macro-economy: The Politiecs of Regulatory Reform in Europe, "Sofía Perez", Center for European Sudies, ~, pp.Working paper Series # 156 (2008)
- Tetsuya Inoue, "Vertical Integration: UKs noval Approach to financial regulatory Reform", 86 (2010), Nomura Research Institute
- ECB, "Recent Developments in Supervisory Structures in EU and Acceding Countries", Acceding, ~ (2006)
- ECB, "Recent Developments in Supervisory Structures in the EU Member State", ~ (2010)
- GAO, "Bank Regulatory Structure", ~
- The Department of the Treasury, "Blueprint for a Modernized Financial Regulatory Structure", ~ (2008)
- "The Canadian Bankers Association's Submission to the Expert Panel on Securities Regulation" (2008)[URL]
- "Memorandum of Understanding between the Bank of England" (2006)[URL]
- "Principles-based regulation: Focusing on the Outcomes that Matter" (2007)[URL]
- "The Run on the Rock"[URL]
- Financial Services Roundtable, "The Blueprint for US Financial Competitiveness", ~ (2008)
- "A New Approach to Financial Regulation: Building a stronger System"[URL]
- HM Tresury, "A New Approach to Financial Regulation: Judgement, Focus and Stability", ~ (2010)
- US Government Accountability Office, "Financial Regulation: Industry Trends Continue to Challenge the Federal Regulatory Structure", GAO, ~ (2007)
