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A Study on the Regulation and Policy Regarding Seperation of Banking and Commerce in the Banking Law

  • DONG-A LAW REVIEW
  • 2014, (65), pp.435~470
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Choi, Youngjoo 1

1부산대학교

Accredited

ABSTRACT

Korean banking law strictly restrict the ownership of bank of industrial capital, and it’s apparent from the fact that there is no such equivalent case in the world. There are many disputes on the system of restriction on the ownership of bank, but government policy and scholars’ opinions still put stress on maintaining strict policy of separation between banking and commerce. It is, however, necessary to seriously review the system to relax, considering the background and the goal of the system and the change in the economic situation. First, there have been many opinions which concern the concentration of economic power regarding the system, but this article argues that the prudence of bank should be a more important standard. In addition, Korea has not experienced the concentration of economic power caused by chabol which owns banks except for a short period of the late 1950s. Economic situation also has changed a lot compared to the period. Now, legal system is well established to prevent corporate shareholder of bank from misusing bank’s capital illegally, and corporate has no such inducements to engage in illegal practice. From this point of view, one needs to review the policy of separation between banking and commerce which focus only on the ownership of bank and needs to seek the change of policy which consider the scope of banking business and outside business through subsidiaries together.

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