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자료유형
학술저널
저자정보
저널정보
한국기업법학회 기업법연구 기업법연구 제16집
발행연도
2004.3
수록면
303 - 322 (20page)

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초록· 키워드

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Finance-combined business and a large size of financial institution have become as a world stream at present. As for the financing industry of our country confronted with crisis due to IMF cold wave which made a sudden attack at the end of 1997, an effort to reorganize thereof linking the holding company has being made progress. Through revision of fair trade acts in early 1999, a system of the holding company has restrictively been introduced and a law regarding the finance holding company for readjustment of structure was established in Oct.2000, and it has become possible to establish a finance holding company according to stock exchange and stock transfer.
Viewing the major contents of the finance holding company law, they are as follows. First, to divide into industrial capital and financial capital, and finance holding company is viewed as a pure holding company. Secondly, with respect to forming a financial group, less than a granddaughter company is not allowed in principle. Thirdly, the possession limit of the finance holding company is restricted. Fourthly, in order to accelerate the establishment of the finance holding company enabling to establish a finance holding company according to entry method to a finance holding company by exchange and transfer of stocks.
As stated above, as a plan to strengthen competitive power of the financial industry of our country, a system of the finance holding company was introduced and put into practical use. In the reform progress of the financial industry, it is no exaggeration to say that such reorganization toward system of the finance holding company of the banks which can be the backbone of the financial business has become a phase that the government controls directly the financial business of all types. Accordingly, the phase that such financial institution was concentrated under guidance of government may be very worrisome. So personnel affairs intervened by government or direct control of the financial market should be rejected, and especially a plan for transparency of control structure of the finance holding company is required to be considered. Thus, a moral relaxation by lack of the master consciousness uplifting autonomous control function should be suspended.
Furthermore, in order to activate more the establishment of the finance holding company, it should be adjusted for matters related to the tax-related matters such as introduction of coupling tax payment system, enlargement of postponement scope of taxation about transfer balance, and related to the labor law such as collective bargaining between the management of the holding company and the labor union in the case that the holding company decides upon combination of subsidiary company etc.
Giving consideration to the reality that the actual results are relatively insufficient on the finance holding company, different from those that discussion was well progressed long time ago by the foreign country, more researches should be carried out in our country. In particular, the financial institutions, direct parties concerned with interests of the system of finance holding company should concentrate on operating the finance holding company through investigation of the actual operation of foreign financial agencies.

목차

1. 서설

2. 금융지주회사의 의의 및 금융지주회사법

3. 미국과 일본의 금융지주회사제도의 현황

4. 금융지주회사의 설립방식과 구조

5. 결어

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