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논문 기본 정보

자료유형
학술저널
저자정보
노철우 (세명대학교)
저널정보
서강대학교 법학연구소 법과기업연구 법과기업연구 제6권 제3호(통권 제15호)
발행연도
2016.12
수록면
141 - 167 (27page)
DOI
10.35505/sjlb.2016.12.6.3.141

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초록· 키워드

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The Bank of Korea has striven actively to respond to the financial and economic turmoil such as credit crunch through diverse monetary and credit policy instruments due to the spread of the US financial crisis since the second half of 2008. But the Bank of Korea did not have functions, powers, and policy instruments in the Bank of Korea Act enough to overcome the financial and economic turmoil.
So there were lively discussions in the National Assembly on the amendment of the Bank of Korea Act in order to strengthen the functions and powers of the Bank of Korea concerning financial stability and bank supervision. After tardy discussions on the revision of the Bank of Korea Act, the Act was amended in August, 2011. Article 1② of the revised Bank of Korea Act stipulates that the Bank of Korea shall pay attention to financial stability in carrying out its monetary and credit policies.
There has been media report criticism that the Bank of Korea is sticking to traditional price stability whereas major central banks are striving for economic growth and employment stability in addition to price stability. In this situation, I have studied adjustment measures on the purposes and functions of the Bank of Korea in order to provide legal frames for performing monetary and credit policy smoothly.
There are two ways in regulating the purpose of central bank in central banking Act. One is specifying economic growth and employment stability, etc. besides price stability such as six countries including the United States(hereinafter referred to as the “First Group”). The other is not stipulating economic growth and employment stability, etc. in addition to price stability such as six countries including Germany(hereinafter referred to as the “Second Group”).
I have analysed the average economic growth(gross domestic product: GDP) rate and inflation rate of the First Group and the Second Group from 2013 to 2015. The result is that the average GDP rate of the First Group is higher than that of the Second Group and the average inflation rate of the Second Group is lower than that of the First Group. So, if a certain central bank wishes to pursue economic growth and employment stability through the formulation and implementation of efficient monetary and credit policies, it is desirable that the establishment purpose in the central banking Act includes the economic growth and employment stability besides price stability.
In conclusion, I suggest two kinds of amendment methods of the Article 1 of the Bank of Korea Act. One is that “The purpose of this Act shall be to establish the Bank of Korea and to contribute to the sound development of the national economy by pursuing price stability, financial stability, economic growth, and employment stability through the formulation and implementation of efficient monetary and credit policies and the operation of payment and settlement system.” The other is that “① The purpose of this Act shall be to establish the Bank of Korea and to contribute to the sound development of the national economy by pursuing price stability and financial stability through the formulation and implementation of efficient monetary and credit policies and the operation of payment and settlement system. ② The Bank of Korea shall support the economic policy of the Government including the target of economic growth and employment insofar as this does not detract from price stability and financial stability.”

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국문초록
Ⅰ. 머리말
Ⅱ. 중앙은행의 기능(역할)에 대한 역사적 고찰
Ⅲ. 환경변화에 따른 한은법상 목적 조정 내용
Ⅳ. 중앙은행의 목적에 관한 주요국의 입법례와 통화정책 수행상황
Ⅴ. 경제성장·고용안정 기능 강화를 위한 입법론
Ⅵ. 맺는 말
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