공제조합 운영원리와 지배구조 실태 비교･분석을 통한 지배구조 개선방안: 건설관련 공제조합을 대상으로

As the guarantee amount of construction-related guarantee cooperative reaches tens of trillions of won, establishing a rational governance structure in the mutual cooperative, which has the duality of a cooperative and a financial company, is a very important issue in order to maintain public confidence as a guarantee institution and the purpose of the establishment of the cooperative. With this in mind, this paper tried to find alternatives to improve the governance structure of mutual guarantee cooperative based on the cooperative operating principles and the characteristics of guarantee products. As a result of analyzing the current state of the cooperative’s governance structure, ‘problem of convergence of general members’, ‘agency problem between members’, ‘problem of concentration of authority and conflict of interest among specific members’, ‘problem that does not sufficiently reflect the characteristics of guarantee products’ have been confirmed. As a measure to solve this problem, the guarantee cooperative first needs to advance its internal governance structure, such as the general meeting and the steering committee, to the level permitted by general regulations such as the current commercial law. Secondly to maintain the creditor protection function of the guarantee products, in accordance with the principle of self-responsibility, it was necessary to maintain the fairness and objectivity by independently operating the guarantee system committee that excludes the involvement of cooperative members.