금융지주회사 관련 규제현황 분석 및 제도보완을 위한 고찰

Abstract

In 2009, amended the Banking Law and the Law regarding Financial Holding Company which reflected the relaxed policy regarding the separation of assets. It is true that such decision goes against the current direction adopted by the international community and promote unhealthy financial institutions. Furthermore, there are many who argue that the lack of supervision from the Financial Supervisory Board might create insolvent financial institutions. But I think that it is too hasty to conclude that the amendment has relaxed too much the "Law regarding Financial Holding Company." The most exemplary case of the amendment of laws has to be the ease of regulation regarding the ownership of industrial assets by a financial institution. But many restrictions were introduced, such as standards for internal control, extension of credit, range of duties, to minimize the possibility of insolvency of the financial institution. It is far too early to evaluate the influence and consequences of the Law regarding Financial Holding Company that was amended in 2009 because many of the details have only been completed due to the amendment of enforcement and supervisory regulations. In addition, policies regarding the soundness of assets between the holding company and subsidiary and between subsidiaries are still being improved. Since the regulations regarding financial holding companies cannot be relaxed due to the change in international financial regulations, it is important to continue to understand the direction of financial regulations and maintain a policy that fits Korea’s financial reality. Also, to ensure the safe enforcement of the amendment of the Law regarding Financial Holding Company, it is important to prepare the policy for the incomplete parts and to reevaluate from the perspective of the customer and investor the already enforced policies. I believe that it is the time to take appropriate measures. In this thesis, I will analyze the current regulations of the "Law regarding Financial Holding Company" after its amendment. Furthermore, I will also evaluate point by point and propose further improvements regarding the \conflict of interest prevention system between the holding company and subsidiary along with the risk management system of the corporation and the enforcement and supervisory regulation from the perspective of the administrative principle.