금융기관 부실 관련자에 대한 손해배상책임 추궁 강화 방안 연구

The government is liable for the stability of the financial system and takes charge of disbursement for preventing the collapse of the financial system. Korean Deposit Insurance Corporation(KDIC) has the 1st liability of the stability of the financial system. So KDIC should collect the Deposit Insurance Fund, used for maintaining the stability of the financial system, which is built up by the guarantee of the Government. Also KDIC has the limited power of the investigation to the parties liable for the insolvency of the financial institutions. for gathering the proof of the torts or the breach of obligations and preserving the properties of that parties. According to the Depositor Protection Act Article 21-2 (7), KDIC may, when it is deemed necessary, for the purpose of the collection of the Deposit Insurance Fund used for the protecting the depositors of the insolvent financial institution, to claim the compensation for damage by that insolvent financial institution, may ask the relevant insolvent financial institution, etc., persons involved in the insolvency or the interested persons to submit materials concerning their business operations and their current properties, to be present (excluding the request for the presence of the interested persons) and inspect them. For the effective damages against the insolvent financial institution- affiliated parties, it should be amended that KDIC may request the interested persons to be present.