공정거래법 개정안상 중간지주회사의 도입에 대한 검토 -금융지주회사법과 관련하여- (The Critical Review of the Intermediary Financial Holding Company Newly Introduced under the New Bill of the Korean Anti-Trust Law in Relation to the Intermediary Financial Holding Company under the K)

서지정보

· 발행기관 : 한국상사법학회
· 수록지 정보 : 상사법연구 / 29권 / 3호 / 167 ~ 199페이지
· 저자명 : 백정웅

초록

On March 18, 2010, the intermediary financial holding company was introduced by the new Bill of the Korean anti-trust law in order to clarify the corporate governance of major Chaebols.
The degree of the regulation on the entire holding company including the intermediary financial holding companies introduced by the new bill of the Korean anti-trust law is mitigated as compared to that of the regulation about the financial holding company including the intermediary financial holding company under the Korean Financial Holding Company Act (hereinafter KFHCA). Because of that, the intermediary financial holding company introduced by the new bill of the Korean anti-trust law is expected to be used far more than the use of the intermediary financial holding company under the KFHCA and there is a regulatory arbitrage between two intermediary financial holding companies. However, because these two intermediary holding companies are financial holding company, such a regulatory arbitrage must be removed.
Moreover, Korea has to enforce Free Trade Agreement with the European Union (hereinafter EU) and the United States in the very near future.
Therefore, Korea needs to review the information of the EU and the United States on the intermediary financial holding company and reflect the same or almost same degree of their regulatory approach to the Korean legal system.

영어초록

On March 18, 2010, the intermediary financial holding company was introduced by the new Bill of the Korean anti-trust law in order to clarify the corporate governance of major Chaebols.
The degree of the regulation on the entire holding company including the intermediary financial holding companies introduced by the new bill of the Korean anti-trust law is mitigated as compared to that of the regulation about the financial holding company including the intermediary financial holding company under the Korean Financial Holding Company Act (hereinafter KFHCA). Because of that, the intermediary financial holding company introduced by the new bill of the Korean anti-trust law is expected to be used far more than the use of the intermediary financial holding company under the KFHCA and there is a regulatory arbitrage between two intermediary financial holding companies. However, because these two intermediary holding companies are financial holding company, such a regulatory arbitrage must be removed.
Moreover, Korea has to enforce Free Trade Agreement with the European Union (hereinafter EU) and the United States in the very near future.
Therefore, Korea needs to review the information of the EU and the United States on the intermediary financial holding company and reflect the same or almost same degree of their regulatory approach to the Korean legal system.

참고자료

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