금융회사 부실책임 관련 판결 분석과 시사점 - 저축은행권 부실책임을 중심으로 -

Despite the implementation of the Corporation’s training on the accountabilities and roles of financial institution’s major shareholders, employees and auditors, the ongoing legal disputes regarding the financial institution’s insolvency accountability are not decreasing. Using the know-how of litigation for damages that have been carried out so far, the Corporation has been operating on-site litigation support team consisting of legal experts and others for thorough collection of evidence and litigation from the stage of insolvent accountability investigation. Further, the Corporation has been working to improve the winning rate in various ways, including learning about various cases and sharing the issues through the workshop of the lawyers who were in charge for handling the litigation for damages. However, the litigation related to insolvency accountability is not decreasing. This study focuses on in-depth analysis of litigation for damages related to insolvency accountability against the insolvent financial institutions, especially the savings banks, and presents the implications for the insolvency accountability issues. First of all, this study categorizes cases related to insolvency accountability into four types: ‘treatment of unfair loans’, ‘violation of law’, ‘illegal acts of non-loan’, and ‘other non-performing loans’. Based on the formalized judgments, the directors of administrative body, the auditors of supervisory authority, the shadow directors, the major shareholders are used to determine the issues and conduct analysis. After the in-depth analysis, this study presents the implications and suggestions for improvement.