금융지주회사법의 이행강제금에 대한 연구

At present, large size of financial institution has become as world-wide tendency. Financial Holding Company Act, permits founding financial holding company and banking holding company but to divide industrial capital and financial capital, and a man having the stocks is restricted that exceed the possession limit in financial holding company or banking holding company. Enforcement fine has been introduced on April 21st 2002 with Financial Holding Company Act. As enforcement fine notifies the obligor that financial pressure will be imposed until its obligation is fulfilled. Financial Services Commission orders stocks disposition order who having stocks that exceed the possession limit and orders enforcement fine if stocks disposition order is not performed. But voting right limit about the stocks which is exceeds, it is sufficient with voting right limit. Therefore Enforcement fine with Financial Holding Company Act must be abolished. The appeal process for the enforcement fine on Financial Holding Company Act, adopted administrative litigation proceeding. But a few Acts such as the Agricultural Act adopted the non‐litigation proceeding as the method of appeal for enforcement fine provisions. The non‐litigation proceeding will save money and time compared to administrative litigation proceeding and has further advantage for the obligor since the obligor will not be depositing the enforcement fine until the decision of the court. Thus the appeal process for the enforcement fine should be amended to adopt non‐litigation proceeding than the administrative litigation proceeding.