금융그룹 계열사간 위험전이 방지를 위한 법제도 연구

Recently many financial institutions are trying to convert their organizations into financial conglomerates through the financial holding company system in order to improve their competitiveness. However, there occur some side effects such as risk contagions between subsidiaries in financial conglomerates. Even though there are the economies of scale and scope in the financial conglomerates, the risk contagion must be prevented. In order to remove or decrease such a risk contagion under financial conglomerates, the article introduces three tools, such as the corporate veil piercing doctrine(hereinafter CVPD), the cross-guarantee provision(hereinafter CGP) and the source of strength doctrine (hereinafter SSD), reviews them critically and suggests some concluding observations as follows: First, the courts have successfully applied the CVPD, CGP and SSD to the United States and their applications have also been supported by many legal scholars. Second, such lessons from the United States can be also suitable for the Korea legal system by reexamining such tools in Korea. Third, even if such tools are suitable for Korea, some legislation or amendment is needed to be followed as adoption or modification of such tools.