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학술논문법과 기업 연구2015.04 발행KCI 피인용 3

우리나라의 금융감독체계 및 중앙은행제도 개편방안에 관한 연구

A Study on the Reorganization of Financial Supervisory System and Central Banking System in Korea - With a Special Reference to the Contents of England's Financial Regulatory Reform after Global Financial Crisis and Its Suggestions to Korea -

노철우(세명대학교)

5권 1호, 3~46쪽

초록

The main result of the Reform of 1997 Financial Regulatory System in the United Kingdom was the foundation of a integrated supervisory body. In other words, the Financial Services Authority(FSA) as a integrated supervisory body took over the financial supervisory powers from the Bank of England. The Reform of 1997 in the United Kingdom influenced the establishment of the Financial Supervisory Commission(FSC) and the Financial Supervisory Service(FSS) in Korea in 1998, which undertook the financial supervisory powers from the Bank of Korea. Unfortunately the integrated supervision system in UK resulted in failure in the prevention of the global financial crisis in 2008. In July, 2010, HM Treasury of UK published a consultation paper setting out far reaching reforms to the structure of financial regulation in the United Kingdom. After the consultation, the Chancellor of the Exchequer announced that the FSA would be abolished and the Bank of England took back prudential supervisory powers from the FSA. After some proper procedures, the Financial Services Bill were passed by the Houses of Commons and Lords on December, 2012. The Act took effect on and after April 1, 2013. Due to the Reform of 2010, the FPC(Financial Policy Committee), the PRA(Prudential Regulatory Authority), and the FCA(Financial Conduct Authority) were founded in exchange for the abolishment of the FSA. After tardy discussions on the revision of the Bank of Korea Act, the Act was amended in August, 2011, and the reforming discussions on the Korean financial supervision structure were brought up due to the recent supervisory failures in Korea. Especially, since the beginning of 2012 which had presidential election in December, there have been many animated reforming discussions on the financial supervision structure. A lot of scholars have suggested that the financial supervision in Korea should be implemented by a public non-governmental organization instead of a governmental organization. But the Government sticks to his opinion that the financial supervision which is the exercise of governmental authority should be carried out by a governmental organization. The England's Financial Regulatory Reform of 2010 which was active, innovative, and prudent reform will be a good model for Korean in the future. The reforming plans on the financial supervision structure and central banking system in Korea can be divided into three categories. The first plan is to maintain the present integrated supervisory body and to adopt the separation of financial policy and financial supervision, the centralization of policy and execution in financial supervision, and a shape of council same as the Financial Stability Oversight Council in USA. The second plan is to maintain the present integrated supervisory body, but the prudential regulation powers is to pass from the integrated supervisory body to the Bank of Korea. The third plan is that the Bank of Korea take over the financial supervisory powers from the Financial Services Commission and the Financial Supervisory Service like the Bank of England did. Considering the political and social situation in Korea, and the past reforming discussions on the financial supervision structure, the second plan seems to be the most proper and desirable one among them.

Abstract

The main result of the Reform of 1997 Financial Regulatory System in the United Kingdom was the foundation of a integrated supervisory body. In other words, the Financial Services Authority(FSA) as a integrated supervisory body took over the financial supervisory powers from the Bank of England. The Reform of 1997 in the United Kingdom influenced the establishment of the Financial Supervisory Commission(FSC) and the Financial Supervisory Service(FSS) in Korea in 1998, which undertook the financial supervisory powers from the Bank of Korea. Unfortunately the integrated supervision system in UK resulted in failure in the prevention of the global financial crisis in 2008. In July, 2010, HM Treasury of UK published a consultation paper setting out far reaching reforms to the structure of financial regulation in the United Kingdom. After the consultation, the Chancellor of the Exchequer announced that the FSA would be abolished and the Bank of England took back prudential supervisory powers from the FSA. After some proper procedures, the Financial Services Bill were passed by the Houses of Commons and Lords on December, 2012. The Act took effect on and after April 1, 2013. Due to the Reform of 2010, the FPC(Financial Policy Committee), the PRA(Prudential Regulatory Authority), and the FCA(Financial Conduct Authority) were founded in exchange for the abolishment of the FSA. After tardy discussions on the revision of the Bank of Korea Act, the Act was amended in August, 2011, and the reforming discussions on the Korean financial supervision structure were brought up due to the recent supervisory failures in Korea. Especially, since the beginning of 2012 which had presidential election in December, there have been many animated reforming discussions on the financial supervision structure. A lot of scholars have suggested that the financial supervision in Korea should be implemented by a public non-governmental organization instead of a governmental organization. But the Government sticks to his opinion that the financial supervision which is the exercise of governmental authority should be carried out by a governmental organization. The England's Financial Regulatory Reform of 2010 which was active, innovative, and prudent reform will be a good model for Korean in the future. The reforming plans on the financial supervision structure and central banking system in Korea can be divided into three categories. The first plan is to maintain the present integrated supervisory body and to adopt the separation of financial policy and financial supervision, the centralization of policy and execution in financial supervision, and a shape of council same as the Financial Stability Oversight Council in USA. The second plan is to maintain the present integrated supervisory body, but the prudential regulation powers is to pass from the integrated supervisory body to the Bank of Korea. The third plan is that the Bank of Korea take over the financial supervisory powers from the Financial Services Commission and the Financial Supervisory Service like the Bank of England did. Considering the political and social situation in Korea, and the past reforming discussions on the financial supervision structure, the second plan seems to be the most proper and desirable one among them.

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우리나라의 금융감독체계 및 중앙은행제도 개편방안에 관한 연구 | 법과 기업 연구 2015 | AskLaw | 애스크로 AI