금융회사 대주주 자격제한에 관한 비교법적 연구 = A Comparative Study on Controlling Shareholder’s Fit and Proper Requirement of Financial Company

다국어 초록 (Multilingual Abstract)

Since recent global financial crisis of 2008, many countries such as the U.S. and the U.K. has tried to improve the financial companies’corporate governance in order to reduce systemic risk inherent in the financial companies. One of the methods which has been endorsed by such countries is the fit-and-proper test of the controlling shareholder and the management members who are actually controlling the companies. For this purpose, the U.S. enacted the Federal level regulation, such as The Dodd-Frank Act, and the U.K. reorganized its financial regulatory system focusing on the FCA and PRA. Both countries, commonly, strengthened the fit-and-proper test for the controlling shareholder and the management members.
Under the Korean regulatory scheme, the test has been already adopted at the Bank company and Bank holding company. However, other financial institutions, such as Insurance company, Securities company and Credit Card company has been free from the fit-and-proper test for their controlling shareholder. On July, 2015, the Korean Assembly enacted the Act of the Financial Company’s Corporate Governance which expanded the fit-and-proper test for the controlling shareholder to the Insurance, Securities and Credit Card companies.
From this perspectives, I analyzes the U.S. and U.K. regulatory scheme of the fit-and-proper test at Chapter II, along with the Joint Forum’s recommendation. Chapter III explains current regulatory scheme of each regulation for Korean Financial Institutions and points out some deficiencies. Finally, I recommends certain means which would prevent future abuses by controlling shareholder’s power.

참고문헌 (Reference)

1 정순섭, "금융회사의 조직규제 -금융회사 지배구조의 금융규제법상 의미를 중심으로-" 한국상사판례학회 24 (24): 3-47, 2011

2 유주선, "금융회사 지배구조에 관한 법률의 제정과 주요내용’" 생명보험협회 (439) : 2015

3 김홍기, "건전한 금융회사 지배구조의 원칙과 운용방안 - 금융회사의 지배구조에 관한 법률을 중심으로 -" 한국상사판례학회 28 (28): 3-56, 2015

4 FCA, "The Fit and Proper test for Approved Persons"

5 Jeffery Roberts, "Financial Services Act 2012; A New UK Financial Regulatory Framework, Harvard Law School Forum on Corporate Governance and Financial Regulation"

6 Robert W. Klein, "An Overview of the Insurance Industry and Its Regulation, Center for Risk Management & Insurance Research" Georgia State University 2008