독점규제 및 공정거래에 관한 법률의 “중간금융지주회사”도입방안에 관한 소고 — 미국의 Dodd–Frank Wall Street Reform and Consumer Protection Act상의 중간금융지주회사와의 비교를 중심으로 —

Before the enactment of the Dodd–Frank Wall Street Reform and Consumer Protection Act, the intermediate holding company regime, especially for the insurance holding company structure, was tried to legislate by the amendment of Korea antitrust law. Introducing the intermediate holding company system of the Dodd–Frank Wall Street Reform and Consumer Protection Act, the author suggests the legitimate direction of the amendment of Korea antitrust law for the intermediate holding company system. By using the intermediate holding company system, the Korean Congress is willing to allow insurance holding company system. The author indicates two issues for the intermediate holding company system, or allowing financial giant. One is the newly born "too big to fail" financial holding company should not be protected by the Korean taxpayer's money in the name of bailout. Another is the board of directors of intermediate holding company or affiliates need to be independent by its parent or shareholders. Even though the Chamber of Commerce of the United States of America filed a petition with the US Court of Appeals for the District of Columbia Circuit seeking a review of the SEC Rule 14a-11, the author introduces the rule and recommend similar way to guaranty independence of the board.