The primary purpose of this study is to analyze the problems of the institutional structure of financial supervision in Korea, including the corporate governance of the Financial Supervisory Authority since the enactment of the Financial Supervisory O...
The primary purpose of this study is to analyze the problems of the institutional structure of financial supervision in Korea, including the corporate governance of the Financial Supervisory Authority since the enactment of the Financial Supervisory Organization Establishment Act of 1997 and suggest the optimal institutional structure in order to enhance the international competitiveness of Korean Financial Industry in an efficient supervisory manner.
The first chapter deals with the purpose, scope and method of this study.
The second chapter discusses the financial regulation and the financial supervision in general to explore a theoretical basis of the suggestions.
In the third chapter, after describing the changes of institutional structure before and after the korean financial crisis in 1977 and the debates for reorganization of the financial supervisory institutions I deals with the problems concerning with the conflictjng between sub-organizations(that is the secretariat office) of Financial Supervisory Commission(FSC) and Financial Supervisory Service(FSS), finacial regulations especially in financial sanctions and duplications of supervisory activity.
In the fourth chapter, I researches the comparative study concerning the structures, legal characters, main functions, co-operations of the financial supervisory institutions in United States, England, Germany and Japan.
In the fifth chapter, I suggests the proposals for the efficient institutional structure under korean cicumstances as follows :
Regarding to the corporate governance of the Financial Supervisory Authority, ideal model is the structure as FSC is the supreme deliberating decisive body which has comprehensive and independent supervisory power, the chairman of FSC concurrently holds the post of executive body. Reform proposal is at first for FSS to separate from the integrated Financial Supervisory Authority. FSS has the restrictive supervisory power which is delegated or entrusted from FSC and is not related to the rights and duties of citizens. In the second step it is necessary to combine the secretariat office and FSS to a executive body.
Regarding to the allocations among the financial supervisory institutions, each institution has supervisory power in functional and restrictive. It is necessary for the Ministry of Finance and Economy(MOFE) to transfer the financial regulatory policy and supervisory power for the special institutions to the Financial Supervisory Authority. In connection and co-operation between the financial supervisory institutions, I suggest to establish the Financial Stability Forum in a way of law or agreements.
In the conclusion, I arrange the discussion above-mentioned and hope this dissertation will provide useful information on the practical improvement in the current financial supervisory framework .