금융회사 대주주 적격성 규제에 대한 소고

In the past 10 years, there have been a number of financial accidents related to illegal acts and immoral management of controlling shareholders. Examples include the savings bank crisis, the Dongyang group crisis, and the private equity crisis of Lime Asset Management and Optimus Asset Management. These financial accidents not only caused the financial company to become insolvent, but also caused great damage to financial consumers. This thesis aims to analyze whether the current regulations on controlling shareholders are appropriate to prevent fraudulent behavior by them and to prevent ineligible controlling shareholders from managing financial companies, and to present improvement measures. II. analyzes the financial company ownership regulations. III. analyzes controlling shareholders fit and proper test when establishing a financial company, examines the approval system for controlling shareholders changes, and analyzes the periodic controlling shareholder eligibility screening system. Based on theses analysis, IV. proposes the improvement measures for fit and proper regulation on controlling shareholders of financial companies.In order to improve the current fit and proper regulations on controlling shareholders, it is necessary to ensure consistency in the subject of eligibility for controlling shareholders.There is a need to expand the scope of shareholders who are subject to fit and proper test as controlling shareholders. In addition, the stock disposal order system needs to be supplemented in order to secure the effectiveness of the controlling shareholder fit and proper regulation. It is necessary to strengthen regulations on controlling shareholders for asset management companies, which are specialized private equity funds. Since the regulation on controlling shareholders restricts shareholder rights and infringes on the property rights of shareholders, it is necessary to establish clear standards in the law. Through these measures, it is necessary to establish an appropriate controlling shareholder regulatory system to prevent damage to financial consumers by securing a sound financial order and management soundness of financial companies.