금융회사 지배구조의 주요쟁점에 관한 연구 — 업무집행책임자 및 대주주 적격성 심사 제도를 중심으로 —

Recently, Financial Services Commission reported the bill of Act on Corporate Governance of Financial Companies(ACGFC). Some of major issues are related to executive responsible officer, and introduction of dynamic fit and proper test of major shareholders in financial institution. ACGFC is a special act of ‘corporate law’ in Korean Commercial Act(KCA). Therefore the decision in the shareholders’ meeting, board of director and the management of president or executive officer and the oversight, audit system of ‘corporate law’ including the special regulation for listed company in corporate law apply to financial institution or listed financial institution. But there are some problems in ACGFC. The major executive responsible officer should be introduced in financial institution subject to ACGFC. But the executive responsible officer in ACGFC is similar to executive officer in KCA. The financial institution can choose to introduce any system, the executive responsible officer or executive officer, or all two. It is necessary to enforce the regulation of financial corporate governance in some points. But it is more important issue to consider the respective particularities in the bank, investment company, insurance firm and etc. Introducing the dynamic fit and proper test of major shareholders in financial institution, it is necessary to consider the respective particularities of financial institution. It cannot be taken for granted that a model is better than any other; it depends very much on the particular circumstances of the country concerned. It is necessary to consider this points of view in amending the ACGFC in Korea.