국제적인 금융규제의 최근 동향과 시사점 - 은행법의 제 문제를 중심으로 -
Recent Developments and Implication in International Financial Regulations - Focused on the Regulations of the Banking Law-
이효경(충남대학교)
25권 3호, 37~72쪽
초록
International agreements and practically maintained regulations of each nation have been implemented for financial institutions to transform the framework for dealing with bankruptcy and recovering their reliability weakened by international financial crisis triggered by the bankruptcy of Lehman Brothers in 2008. G20, FSB and BCBS have tried to reform the global financial regulations and to secure banks' prudential competition which can meet the international standards. For this purpose, it is a very important assignment to review the regulations. To prevent the recurrence of financial crisis since the global bank financial crisis, we need to direct a clear direction to reform the bank regulations in Korea. First, we need to share and accumulate the operational experience from macro-prudential policy of each nation. Second, it is very important to set up the practical validity criteria in consideration of characteristics of domestic financial firms in appointing D-SIFI. Furthermore, it is necessary to keep monitoring the inter- national trends of SIFI for strengthening the regulation for those institutes. Third, there should be a legal improvement for bail-in system which can cope with the restruction of public funding after financial crisis. Fourth, it is necessary to improve the related regulations such as the banking law for executing the supervisory framework for measuring and controlling large exposure. Finally, the separation of banking and commerce is an untimely implementing for management and ownership of banks. Therefore, the corporate governance and stability of bank system for strengthening the competence of banks should come first.
Abstract
International agreements and practically maintained regulations of each nation have been implemented for financial institutions to transform the framework for dealing with bankruptcy and recovering their reliability weakened by international financial crisis triggered by the bankruptcy of Lehman Brothers in 2008. G20, FSB and BCBS have tried to reform the global financial regulations and to secure banks' prudential competition which can meet the international standards. For this purpose, it is a very important assignment to review the regulations. To prevent the recurrence of financial crisis since the global bank financial crisis, we need to direct a clear direction to reform the bank regulations in Korea. First, we need to share and accumulate the operational experience from macro-prudential policy of each nation. Second, it is very important to set up the practical validity criteria in consideration of characteristics of domestic financial firms in appointing D-SIFI. Furthermore, it is necessary to keep monitoring the inter- national trends of SIFI for strengthening the regulation for those institutes. Third, there should be a legal improvement for bail-in system which can cope with the restruction of public funding after financial crisis. Fourth, it is necessary to improve the related regulations such as the banking law for executing the supervisory framework for measuring and controlling large exposure. Finally, the separation of banking and commerce is an untimely implementing for management and ownership of banks. Therefore, the corporate governance and stability of bank system for strengthening the competence of banks should come first.
- 발행기관:
- 한국경영법률학회
- 분류:
- 법학