독점규제법 제25조 제1항의 의결권제한의 대상이 되는 금융회사의 범위

Article 25 (1) of Monopoly Regulation and Fair Trade Act(here after “MRTA”) prohibits in principle to exercise the voting right of stocks of domestic affiliated companies which carry on the financial business or insurance business belonging to an enterprise group subject to the limitation on mutual investment. This institute was introduced from the article 11 of Japanese Antimonopoly Act and aims to prevent the financial or insurance companies from expanding or strengthening the control of corporate groups by acquiring and owning stocks of domestic affiliates using customer deposit funds, and to prevent financial capital from being dominated by industrial capital. Although Japanese Antimonopoly Act restricts the scope of financial companies subject to the restriction by article 9-2(1), MRTA does not restrict the scope of financial companies subject to the restriction. Therefore in Korea, all kinds of financial companies belonging to an enterprise group subject to the limitation on mutual investment became to subject to the restriction. As a result, there is a fear of being criticized as an unconstitutional system that violates the constitutional prohibition of excesses by not limiting the scope of financial companies subject to the system to the minimum necessary. In order to solve this problem, it would be desirable to reasonably limit the scope of financial companies under this restriction through amendments to the law. However, since the amendment of the law is a difficult task that requires a lot of time and effort, the Fair Trade Commission will have to apply it carefully so that such problems are not exposed when applying this restriction until the law will be amended.