保險規制緩和에 따른 監督行政 變化에 관한 硏究 : 損害保險分野를 中心으로 = (A) study to improve the role of the government for the deregulation of the insurance business : In the non-life insurance field

다국어 초록 (Multilingual Abstract)

The creation of a knowledge-based financial system in Korea will begin with the continued deregulation of the financial sector. The deregulation will bring down longstanding walls between the banking, securities and insurance industries and promote greater industry-wide competition and consolidation.
The deregulation will also lead to the rise of strategic cross-border alliances and M＆A, as less competitive institutions look to ensure their survival and as larger firms seek to achieve economies of scale and improve their international competitiveness. Synergies created in the process of financial consolidation will be crucial to increasing the overall efficiency of the financial system and for the successful introduction of innovative financial products.
In many respects, the financial crisis in 1997 can be traced back to a general dysfunction of market discipline. A pervasive lack of transparency among financial institutions and corporations, inadequate credit analysis and risk management skills were just a few of the structural problems that had become deeply embedded in the economy.
Ultimately, the repeated failure to combine rapid liberalization of Korea financial markets with corresponding upgrades in the regulatory and supervisory frameworks would prove to have devastating financial consequences.
In order to restore market discipline and to ensure the proper functioning of market mechanisms, the adoption of a new regulatory regime in Korea was needed. In short, the task for the new financial supervisor would be to remove the heavy hand of government intervention and to replace it with the invisible hand of the market.
Korea non-life insurance industry was also adversely impacted by the financial crisis. Restructuring of the domestic insurance sector has focused upon the two major weaknesses revealed by the crisis : severe financial distress afflicting a number of insurance companies, and the lack of modernization and strong regulation within the industry. As a result, the insurance supervisory organization have pushed through with comprehensive reform, restructuring and consolidation efforts to assist ailing firms and rehabilitate the non-life insurance industry as a whole.
Since launching non-life insurance sector reform, the government have made every effort to complete resolution of financially distressed non-life insurance companies through M＆A, financial rehabilitation or dissolution. The efforts have led to the acquisitions of domestic insurance companies by foreign investors including U.K.-based Regent Pacific Group (purchased Haedong Fire ＆ Marine).
All insurance companies, except those which submitted rehabilitation plans in 1998, are required to meet the announced EU solvency margin requirements that are being phased in from September 1999 to March 2004.
The solvency margin will be calculated based on the new loan provisioning requirements. Insurance companies that submitted rehabilitation plans in 1998 are required to meet the same EU solvency margin requirement by the end of this year(2000). Companies that fail to meet the required solvency margin thresholds will be subject to prompt corrective action.
The legislation to create a new financial supervisory system in line with international standards. Under the new system, all financial institutions are subject to the supervision of a single body, the FSC, which began serving on April 1, 1998, as Korea supreme financial regulatory organization. Subsequently, the Office of Banking Supervision was separated from the Bank of Korea. In addition, the Securities and Exchange Commission was dissolved and the Securities and Futures Commission (SFC) was established within the FSC to oversee the securities and futures markets. The insurance regulator, the Insurance Supervisory Commission, was also dissolved. In line with sector-wide initiatives, the FSC/FSS issued new regulations aimed at improving corporate governance at insurance companies by strengthening the roles of actuaries, auditors and outside directors.
To ensure non-life insurance consumers confidence, they must feel protected. For this reason, the government focus on the needs and rights of the consumers, not on the institutions that supply those services. Full disclosure principles will enable consumers to make informed decisions regarding their dealings with financial institutions and corporations.
In the same way, since it is the consumer who ultimately pays the costs of restructuring, the regulatory authority is committed to keeping these costs to a minimum by pursuing reform in a cost-efficient manner. Financial stability in itself is a powerful tool of consumer protection. The administration aim to ensure that this stability extends to all consumers equally.

목차 (Table of Contents)

• 目次 = ⅰ
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 3
• 第2章 保險 및 監督行政의 理論的 基礎 = 4
• 第1節 保險監督行政理論 = 4
• 1. 保險監督行政의 必要性 = 4
• 2. 保險監督行政의 目的 = 5
• 3. 保險監督行政의 特性 = 7
• 4. 保險監督行政의 社會的 機能 = 8
• 第2節 保險監督行政의 模型 = 9
• 1. 公示主義 監督模型 = 10
• 2. 準則主義 監督模型 = 10
• 3. 實質的 監督模型 = 11
• 第3節 우리나라 保險監督行政의 體系및監督手段 = 11
• 1. 保險監督의 體系 = 11
• 2. 保險監督의 手段 = 13
• 第4節 硏究分析의 틀 = 16
• 第3章 國內 損害保險市場 現況과 規制緩和의 영향 = 18
• 第1節 規制緩和 = 18
• 1. 規制緩和의 背景 및 要因 = 18
• 2. 규제완화와 규제기관 = 22
• 3. 保險監督行政의 規制緩和 = 23
• 第2節 國內 損害保險市場의 現況 및 規制緩和의 영향 = 26
• 1. 國內 損害保險市場의 環境 = 26
• 2. 國內 損害保險商品 制度 = 28
• 3. 規制緩和로 인한 效果 및 問題點 = 32
• 第4章 規制緩和와 關聯한 保險監督行政의 改善方案 = 39
• 第1節 保險監督行政의 새로운 方向 = 39
• 1. 새로운 規制强化 分野 = 39
• 2. 監督行政機關의 變化 = 40
• 第2節 健全經營指導를 위한 監督行政 改善方案 = 41
• 1. 支給餘力制度의 改善 = 42
• 2. 經營實態評價制度의 改善 = 54
• 3. 計理人 制度의 改善 = 60
• 第3節 消費者保護를 위한 監督行政 改善方案 = 64
• 1. 商品 및 價格에 대한 情報提供의 擴大 = 65
• 2. 關聯協會를 통한 消費者保護活動 强化 誘導 = 69
• 3. 損害保險 分野의 死角地帶 發掘 및 情報技術의 提高 = 70
• 4. 保險相談및 民願處理機能의 擴大 = 71
• 5. 交通事故및 災害豫防活動의 强化 = 72
• 6. 保險詐欺(犯罪)防止活動의 强化 = 72
• 7. 保險仲介組織에 대한 監督行政 改善 = 73
• 第5章 結論 = 75
• 參考文獻 = 79
• SUMMARY = 81