금융회사의 회생․정리계획안의 효율적 운영방안에 관한 연구

When large banking organizations are about to be put out of business or under threat of bankruptcy, many problems have been caused such as tremendous cost and time required to recover or solve, due to poor operating system to deal with them. Thus, to resolve these problems, it is expected to be efficient to prepare a recovery and resolution plan which requires setting up a compulsory prior operating plan in case of financial corporation’s or bank’s bankruptcy, improving prior regulation. The purpose of this study is to provide legal ground to introduce a system of recovery and resolution plan. Another focus of this study is to investigate how far the scope of the financial company should be that is to be included for application. In addition, in case of introducing the plan into the country, this study summarizes essential elements that should be included into the efficient operating system. Several suggestions can be proposed as follows: First, introducing bail-in system to suit our situation in financial loss is proposed. As once the recovery and resolution plan is institutionally adopted, deposit insurance fund by itself cannot appropriate to cover resolution of failing large financial institution. Second, a temporary pause of early termination rights is proposed so that adding more pressure to market instability cannot be created due to contract opponent’s exercising early termination right in the course of recovery and resolution such as financial derivatives transactions and RP transactions. Third, a home-host (cross-border) cooperation improvement plan is proposed to enhance management of cross-border financial risk and resolution which make an influence on financial company and to boost ability to prevent and response them. Lastly, clear accountability of financial company management and financial supervisory institution should be provided to remove blurred responsibility when the operation of the system does not exist in the course of recovery and resolution.