부동산금융규제의 법적 한계 고찰: LTV를 중심으로

The financial sector is a representative regulatory industry, and is counted as the sector with the most government regulation. This is also the case with the LTV regulation, which appears whenever measures are taken to stabilize the housing market. Regulations must have strict legal requirements in that they limit the freedom and discretion of the regulated person. The LTV regulation was originally operated in September 2002 in the form of a window map, but has been legislated only in July 2007 according to the point that there is no legal basis. In the form of a notice by the Financial Services Commission, the LTV regulatory provisions were newly established under the title of “Risk Management for Mortgage Loans” in the supervisory regulations of each financial company. The form of enactment adopted the law of establishing each financial company, which is a higher statute, and the method of delegation order stipulated by the Presidential Decree. Therefore, LTV regulation must have concreteness and clarity, which are legal requirements as a mandate. In other words, for a delegation order to be legal, it must have specific and clear grounds, comprehensive delegation is prohibited, and it must not deviate from the limit of being unable to self-define matters not delegated by the parent law. This study analyzed through literature review whether the LTV regulatory statute meets the requirements of the mandate. As a result of the analysis, it was found that there was no basis for delegation beyond the scope and limits of delegation or in higher statutes. This suggests that there is a need to improve the current LTV regulatory system.