보증보험시장의 공정경쟁 촉진에 대한 연구

The purpose of this study is to develop policy alternatives replacing current regulatory statutes over various surety insurance markets in the perspective of free and fair competition among different entities performing surety insurance business. With investigation on the nature of various mutual aid organizations, which are increasing under little or no regulation in Korea, and critical review on the existing legal system, which allows them to establish and operate under completely different licensing structure from surety insurance companies, this study proves that application of different regulation and monitoring system to such organizations is the main reason to cause customer protection issues including restriction of customer welfare. Futhermore, there are unfair competition issues, which may not be amended except for systematical improvement of the institution. For example, general mutual aid organizations, which run business for the general publics as well as their members, can enjoy benefits from unfair regulations, which place little or no restriction and supervision on them, which are applicable to private surety insurance companies. In other words, the current legal system plays a role as the base to produce difference in regulation among competitors that perform the same functions in the same market. In addition, diversified statutes prevents competitors in the surety insurance market from competing each other on the equal footing as it is serving as a entrance barrier for each area and makes unreasonable division of the market permanent. According to the findings, it is revealed that legislation is the only option to integrate the market. Abolishment of all related existing statutes and addition of related clauses to the insurance law or enactment of new alternative laws can be a feasible option. Although jurisdiction based on the sectionalism is the very sensitive issue, it should be noted that the principle of universal regulation by integrated special regulation authority is the fundamental alternative for soundness of the market and welfare of customers, with full consideration of financial characteristics of the surety insurance market.