그리스의 금융투자업규제와 그 시사점에 관한 연구 (The Greek Regulation over the Financial Investment Business and Its Lessons)

서지정보

· 발행기관 : 한국상사판례학회
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· 저자명 : 백정웅

초록

Recently so many countries are experiencing difficulties in financial crisis originated from the United States and the EU. As is generally known, the EU was infected from the United States. Especially PIIGS expose themselves to state defaults. Greece is the core of financial turbulence and the worst because Germany and France are the two largest creditors in Greece. If Greece is in insolvency, the two largest creditors cannot get their money from her. The EU’s entire economy will be about to be collapsed.
The author examines the Greek financial regulation on the investment activities and there are several differences as follows:(1) While Greece has several regulators on financial companies including investment companies, Korea has one regulator on the financial companies such as bank, insurance and investment companies. For the quickness of measures on investment companies, the latter is better than the former. (2) There is a compliance officer for investment companies in Korea. However, there is not in Greece. Because Greece does not have any compliance officer even though Greece has an internal control mechanism, the efficiency of such internal control mechanism may not work well. In this sense, the Korean legislation is better than the Greek legislation. (3) Korea has a preliminary authorization for investment companies beyond authorization, but Greece does not. Because such preliminary authorization for investment business in Korea may be an overlapped regulation in the financial market, the preliminary authorization needs to be examined. (4) While the standard of doing business for electronic money does not differ between the types of financial companies such as banking, insurance and investment in Greece, such a Korean standard of doing business for electronic money differ between bank companies and non-bank companies. Because it may occur regulatory arbitrage to the financial market, such an unequal authorization of doing business for electronic money needs to be reviewed. (5) Korea has a prompt corrective action on investment companies, but Greece does not. Because such prompt corrective action needs to be imposed on investment companies and their group for the efficiency of the consolidation-centered regulation, the Korean legal system is better than the Greek legal system.

영어초록

Recently so many countries are experiencing difficulties in financial crisis originated from the United States and the EU. As is generally known, the EU was infected from the United States. Especially PIIGS expose themselves to state defaults. Greece is the core of financial turbulence and the worst because Germany and France are the two largest creditors in Greece. If Greece is in insolvency, the two largest creditors cannot get their money from her. The EU’s entire economy will be about to be collapsed.
The author examines the Greek financial regulation on the investment activities and there are several differences as follows:(1) While Greece has several regulators on financial companies including investment companies, Korea has one regulator on the financial companies such as bank, insurance and investment companies. For the quickness of measures on investment companies, the latter is better than the former. (2) There is a compliance officer for investment companies in Korea. However, there is not in Greece. Because Greece does not have any compliance officer even though Greece has an internal control mechanism, the efficiency of such internal control mechanism may not work well. In this sense, the Korean legislation is better than the Greek legislation. (3) Korea has a preliminary authorization for investment companies beyond authorization, but Greece does not. Because such preliminary authorization for investment business in Korea may be an overlapped regulation in the financial market, the preliminary authorization needs to be examined. (4) While the standard of doing business for electronic money does not differ between the types of financial companies such as banking, insurance and investment in Greece, such a Korean standard of doing business for electronic money differ between bank companies and non-bank companies. Because it may occur regulatory arbitrage to the financial market, such an unequal authorization of doing business for electronic money needs to be reviewed. (5) Korea has a prompt corrective action on investment companies, but Greece does not. Because such prompt corrective action needs to be imposed on investment companies and their group for the efficiency of the consolidation-centered regulation, the Korean legal system is better than the Greek legal system.

참고자료

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