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The Research of the Improvement of Financial Supervisory(Regulatory) System in Korea

  • DONG-A LAW REVIEW
  • 2009, (44), pp.187-220
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Seong Woo 1

1동아대학교

Candidate

ABSTRACT

Since 1999, the supervisory(regulatory) power of the financial institutions exclusively belongs to the Financial Services Commission and the Financial Supervisory Service inspected by the Financial Services Commission. But the Bank of Korea (hereinafter called “BOK”) and the Korea Deposit Insurance Corporation (hereinafter called “KDIC”) also have ① the power of request (the Financial Supervisory Service) to inspect the financial institutions and ② the power of request (the Financial Supervisory Service) to inspect the financial institutions jointly, and ③ the power of request (the Financial Institutions) to summit some data. There is no data or information of the financial institutions the Fianacial Supervisory Service cannot access to. There needs legislative measure which ① makes the BOK and the KDIC forebear the exercise of the power of request (the Financial Supervisory Service or/and Financial Institutions) to summit data or (joint) inspect or, ② deters the BOK and the KDIC abuse the power. the Prompt Corrective Action is not the power of the Financial Supervisory(Regulatory) Organization but the obligation. So the forebearance of the Prompt Corrective Action provided in “the Act on the Structural Improvement of the Financial Industry” Article10(3) should be abolished.

Citation status

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