글로벌 금융기관의 정리원칙의 국내적 도입: 금산법의 개정을 중심으로

Although the resolution of “too big to fail”(TBTF) problems has been a long-term policy agenda, it was more spot-lighted by the global financial crisis of 2007-2008. During crisis near-collapse of several large global financial institutions and increased moral hazards regarding TBTF threatened to plunge global financial system into chaos. In order to prevent those financial disaster, there was a general consensus among nations the recovery and resolution system should be reformed and it was followed by the endorsement of implementation of multipronged and integrated set of policy measures to address systemically important financial institutions including recovery and resolution plan by member countries in line with the Key Attributes of Effective Resolution Regimes for Financial Institutions published by the Fianncial Stability Board for Systemically Important Financial Institutions at the G 20 Seoul Summit in 2010. After Close consultations with the relevant organizations and experts from fianncial and legal sectors, the Financial Services Commission(FSC) of Korea has determined the basic direction for improving the recovery and resolution regimes, namely introducing “recovery and resolution planning framework”, “a bail-in scheme” and “temporary stays on early termination rights”. The reformed recovery and resolution regimes would ensure financial system stability even when one or more financial firm fails. This would strengthen international trust through implementing the commitments endorsed at the G20 Summit. Act on Structural Improvement of Financial Industry will be reformed in 2016 and the implementation of FSB recommendations for recovery and resolution regimes will be reviewed in 2018.