메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색
질문

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
중앙법학회 중앙법학 중앙법학 제17집 제1호
발행연도
2015.3
수록면
211 - 269 (59page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색
질문

초록· 키워드

오류제보하기
The financial crisis originated from the United States in 2007 hit the whole world and is still going on. In particular, Portugal, Ireland, Italy, Greece and Spain (hereinafter PIIGS) are the weakest drawback of such a crisis. On the other hand, Germany is relatively strong state in European Union (hereinafter EU). In this sense, the article examines the German banking regulation and its lessons for the Korean legal system are as follows: First, Korea and German have the definitions of banking activities in substantive enactment. Second, Korea and Germany do not have any express provision for the purpose or principle of banking regulation and (or) supervision. Third, single financial authority controls over banking activity in both Korea and Germany. Fourth, Korea has preliminary authorization for the banking business but Germany does not. Fifth, even if Korea has different approval processes to deal with electronic money depending upon financial institutions, Germany does not any other discrepancies among financial companies. Sixth, the amount of minimum capital for banking activity in Korea is far more than that of minimum capital for banking business in Germany. Seventh, the regulation against the ownership in banking depends on who the owners are and Germany is not. Also, the supervision over banking activities’ credit in Korea differs in borrowers and Germany does not. Eighth, there are the board of directors (unitary system) and management board and supervisory board (dual system) in Germany and whether which system is selected is up to banking companies. Similarly to such the German banking system, there is also the board of directors (unitary system) and monitoring board and executive officer (dual system) in Korea. Ninth, Germany has to consider the balance of the representation between men and women in the board of directors or management board and supervisory board. On the other hand, Korea does not. Tenth, recently, the Korean government is trying to separate compulsorily the offices of the chairman of the board of directors and chief executive officer (CEO). However, German banking companies have an option about whether which the separation or the aggregation between such offices is chosen. Eleventh, the German regulation of concurrent offices in banking imposes on the number of time to be a director. However, the Korean supervision against concurrent offices in financial companies does on the nature of the office concerned to be a director. Twelfth, the German financial regulator (BaFin) may demand a different director in banks while the Korean financial regulator (Financial Services Commission: FSC) can request the dismissal of a director in all kinds of financial institutions. Thirteenth, there are the internal control system and compliance function in Korea and Germany. However, the Korean legislation provides that the compliance officer is charged with the task of such a compliance function while German legislation does not. Fourteenth, there is an on-site inspection over banking companies in Korea and Germany. Also, the scope of the on-site inspection is expanded into the large or major shareholders in banks. Fifteenth, there is a prompt corrective action over banking in Korea, not Germany. However, there is an exceptional suspension. Sixteenth, even though there exist the international and domestic cooperation in Korea and Germany between financial regulators including the domestic cooperation of a financial regulator and another domestic regulator such as the Korea Fair Trade Commission (hereinafter KFTC), the Korean system of the cooperation between financial regulators is disappointing compared to the German cooperative system. For the last time, the Korean legal system needs to be improved by the lessons from the examination of the German banking regulation and has to consider the international trends in the banking legislation. That is, the Korean banking legal system has to be interlocked with the international standards.

목차

등록된 정보가 없습니다.

참고문헌 (44)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

이 논문과 함께 이용한 논문

최근 본 자료

전체보기

댓글(0)

0

UCI(KEPA) : I410-ECN-0101-2016-360-002575817