금융감독법상 자율규제에 관한 연구

다국어 초록 (Multilingual Abstract)

As the Act on the Establishment of Financial Supervisory organization was enforced on April 1 1998, the Korean financial supervisory systems fundamentally changed. Formerly, the supervisory authorities and business on banks, securities, insurances and other financial institutions fell under the charge of the Ministry of Finance and Economy and four supervisory bodies; the Office of bank Supervision, the Securities Supervisory Board, the Insurance Supervisory Board and the Non-Bank Deposit Insurance Corporation. Under the new Act, most of the supervisory authorities and business was transferred to the Financial Supervisory Commission and the Financial Supervisory
Service.This change has introduced a new regulatory system, which is a fully integrated direct financial supervisory system through government in Korea.
Recently the self-regulation is considered as a more effective device of financial supervision rather than direct governmental supervision. Many legal scholars argue that public regulation should promote private governance through enlightened delegation of regulatory functions.The aim of this article is to begin to answer this question; to understand the constitutional issues raised by self-regulatory association and the ways in which these are and could be addressed.

국문 초록 (Abstract)

I. 문제의 제기
II. 현행 금융감독 법체계의 현황과 문제점
1. 개관
2. 금융감독위원회의 설치와 구성
3. 금융감독위원회의 권한
4. 금융감독원의 설치와 구성
5. 금융감독원의 권한과 기능
6. 금융감독위원회와 금융감독원과의 관계
III. 금융감독에서 자율규제의 의의
1. 자율규제의 개념
2. 자율규제기관(Self-RegulatoryAssociation,SRA)과 그 기능
3. 기능적 자치와 반응적 법률(ReflexiveLaw)-왜 자율규제인가?
4. 자율규제의 헌법적 근거
5. 자율규제기관으로서의 시장감시위원회
IV. 맺는 말
참고문헌
Abstract