인터넷전문은행에 관한 법적 쟁점 검토

K-bank and KaKao Bank, Korea's first Internet primary bank, started operations in April and July of 2017, respectively. They have been successful since their launch. However, the debate over important legal issues regarding Internet primary banking is continuing. The regulation on the separation of banking and commerce means the 「Banking Act」 stipulation that industrial capital can not be acquired in excess of 4% of voting stocks of national banks or 10% of stock including 4% of voting stocks. It is important to prevent the bank from abusing it as a safeguard for industrial capital. However, some argue that as ICT firms plays an important role in Internet primary banking, supervisory administrative agency should relax regulation on the separation of banking and commerce of internet primary bank. However, The opinion has limitations in that it can not completely accomplish the purpose of the existing regulation for separation of banking and commerce as a means of strengthening various regulations, licensing review and strengthening supervision to substitute for the regulation. Considering the need for protection of bank users, it is not necessary to ease regulations only for Internet primary bank sector. the efficiency aspect of decision making within an Internet bank can not be a priority for the public interest in securing the fairness of the banking industry, and it is not reasonable to unilaterally borrow foreign legislation in consideration of the specificity of the Korean economy. Therefore, the regulation on the separation of banking and commerce should be applied equally to internet primary banking. In the meantime, the technical innovation of the Internet primary bank has raised new issues in the protection of users. Therefore, the importance of financial security is emphasized due to non-face blindness authentication, simplification of transaction procedures and increase in utilization of big data. Therefore, it is necessary to strengthen pre- and post-regulations on security, such as allowing computer equipment to be pre-approved when entrusted to IT specialists. In addition, the use of big data in credit evaluation is emphasized, and it is necessary to improve the legal system to eliminate the confusion caused by the unclear standards of the current 「Personal Information Protection Act」 and related laws. In the process, related laws should be revised to improve both the use of big data such as non-discrimination standards of personal information and the level of personal information protection. Internet primary banks have a high risk of insolvency because they mainly target micro-credit loan market and utilize a new credit evaluation system that is different from the existing ones and lack of know-how in the financial industry and incentives for bad loans. In order to maintain financial soundness, it is reasonable to apply the same minimum capital of KRW 100 billion as existing banks despite the relatively small size and it is necessary to expand the scope of deposit protection. In order to enhance the expertise of directors, it is necessary to revise the 「Corporate Governance Structure of Financial Institutions」 to require a career in financial operations for internal directors. In order to improve the accessibility of financial vulnerable groups, the bank should provide relevant education and 1:1 counseling service. Internet primary banks can enable innovative growth in the financial and ICT industries if they successfully settled. However, since Internet banking is fundamentally a bank, it is necessary to be cautious to ease regulations on banking business to protect financial consumers. In addition, various consumer protection regulations should be amended to prevent any problems that may arise from Internet banking. This will enable both the development of the financial industry and the increase in consumer utility.