破産한 美聯邦 附保金融機關 理事 및 任員의 注意義務 : FIRREA 12 U.S.C. §1821(k)에 대한 論義를 中心으로 Insured Financial Institution Under 12 U.S.C.§1821(k) of FIRREA = The Duty of Care for Directors and Officers of Insolvent, Federally

다국어 초록 (Multilingual Abstract)

1) In the financial crisis of 1998 many financial institutions failed and faltered. Korean government was forced to bail out these institutions in order to protect and restructure them. The main causes of financial crisis proved to be the mismanagement of financial institutions, so the directors and officers of the institutions were suited for breaching duty of care by Korean Deposit Insurance Corporation (KDIC).
2) The similar situation with Korean financial institution crisis happened in the United States of America during 1980s. Of the many causes contributing to the financial institution crisis, substantial attention focused on the misdeeds perpetrated by some bank and thrift directors. In direct response to the crisis in financial institution. Financial Institution Reform. Recovery, and Enforcement Act (FIRREA) was enacted in 1989. FIRREA section 1821(k) defines the duty of care of directors and officers of insured depository institution for gross negligence standard. The text of 1821(k), however, is ambiguous and has resulted in spilt among commentators and courts regarding its interpretation. The source of the dispute involves whether 1821(k) preempts state or federal common laws actions for conduct less egregious than gross negligence. Recently the Supreme Court clarified some long-standing debates in Atherton v. FDIC.
3) Finally the controversy over FIRREA section 1821(k) is focused on whether the financial institution's directors and officers have a stringent liability compared with the general business corporation. In the following of this thesis Ⅰ deal with (1) What is the legislative background of 1821(k)? (Ⅱ); (2) What does 1821(k) include? in other words, I will analyze it (Ⅲ); (3) What is the controversy over §1821(k) between Circuit Courts and What are the final words of Supreme Court in Atherton v. FDIC? (Ⅳ). With these analyses I would like to make a few suggestions about how we can apply duty of care standard to the financial institution's directors and officer.(Ⅴ).

목차 (Table of Contents)

• Ⅰ. 序
• Ⅱ. FIRREA 第1821條k項의 立法背景
• Ⅲ. FIRREA 第1821條k項의 內容
• 1. 序
• 2. 第1821條k項에 기한 訴權
• 3. 第1821條k項에 기한 聯邦附保金融機關理事의 注意義務
• Ⅳ. FIRREA 第1821條k項의 適用範圍에 대한 論議
• 1. 序
• 2. 最低限의 基準(Minimum Standard)으로 解釋한 判決
• 3. 統一的인 基準(National Standard)으로 解釋한 判決
• 4. 聯邦大法院의 最終的 解釋-Atherton v. FDIC事件
• Ⅴ. 結 論
• 참고문헌
• ABSTRACT