금융지주회사와 보험지주회사 규율방식의 분리에 관한 검토

Financial Holding Companies Act provide that “financial holding company” means a company whose primary business is to control companies engaged in financial business or other companies related closely to the financial business operations through the ownership of their stocks (including equity), according to the standards prescribed by Presidential Decree, and which controls one or more financial institutions, and for which an authorization under Article 3 has been granted. According to this article no obstacle to establishment of and conversion into a Insurance holding company in Korea. But the Financial Holding Companies Act focused on the bank holding company based on the “separation of banking and commerce” policy. If some companies establishment of and conversion into an insurance holding company, same strict restrictions shall apply to them. It will be that excessive restriction because the system risk and business capital source of Insurance industries differ from bank. The writer agree on the proposal that regulatory authorities should redefine financial holding company in different financial sectors and regulate them differently for activities of non-bank holding company.