父權主義 規制의 극복과 글로벌스탠다드

Government intervention has been at issue possibly since the first nation being built. At a certain level of economic development Government intervention may play a leading role in a developing country. However as the private sector's ability grows more and more and the economy itself becomes much more complex than ever before, Paternalism will inevitably disclose its limit for the facilitation of the economic development of the nation. Global Standard is still one of the popular words as a Schlagwort in Korea especially after the financial crisis beginning 1997 to early 2000. We have to keep aware of that words every moment we are enacting any laws and regulation. It makes sense for us to keep abreast of the global trend, but often times it's hard to find the global standard and it's definition also is somewhat vague. Principle Based Regulation was hot issue after FSA announce their attitude toward financial regulation and define it as Principle Based Regulation or Impact Focused Regulation. It has been a fancy word for a certain time period and United State also thought of adopting that attitude to their financial regulation system. We thought that Global Standard is deregulation and put the market to regulate and correct any errors in it. However Global Financial Crisis changes the whole world at least with respect to a trend in financial regulation. Now we have to turn our attention to the paradox of deregulation and to what degree or sector we have to use the Regulation ex-ante or Regulation ex-post, or whatever form using mix and match strategy in designing our regulatory scheme for operating our system in Finance, Antitrust and even in Corporation Law area. Angemessene Regulierung is the answer we have to pursue to find right at this point. Still the default rule has to be "Human genius and innovation can be promoted at the time when they have enough room to exercise their freedom".