외국은행 국내지점에 대한 감독규제의 현황과 개선과제- 실무적 쟁점을 중심으로 -

After the first entry of foreign bank branches in Korea in 1967, the entry barrier against foreign banks was relieved along with the progress of open market policy in 1990s. In 1993 the entry of foreign bank branches recorded at the highest with 52 foreign bank branches and 74 business offices. As of the end of June, 2012, 39 foreign bank branches and 55 business offices settled down in the Korean financial market. Banking Act, its related Enforcement Decree, Regulation and detailed Regulation are the main governing rules onto not only any financial institutions, but the foreign bank branches. Conspicuously some 6 paragraphs of Banking Act are containing fundamental factors for governing foreign bank branches. However their rest business conducts are regulated by the other concerning paragraphs of Banking Act, just the same as those of any financial institution. Hitherto controversial issues on working level have arisen from the dubious legal status of foreign bank branch both as business office of foreign bank and a 'independent position of bank', directly assigned by the Banking Act; as was the case that inter-office account is not included in the credit account or shareholder's equity is not regarded as the capital of a branch. For this purpose, this article intends to explain the controversial issues and their advanced proposals in different parts such as entry regulation, governance, prudential policy tools and business regulation, etc. which I experienced and designed on the field.