금융회사의 플랫폼 서비스 활성화를 위한 법적 개선 방안에 관한 소고- 금산분리 규제에 관한 검토를 중심으로 -

Modern financial and non-financial companies utilize “financial platform services” to provide consumers with a variety of services, including banking and securities transactions, transportation reservations, shopping, and real estate. However, due to strict financial-industrial separation (FIS) regulations, domestic financial companies are unable to engage in a wide range of non-financial industries, limiting their ability to offer seamless services. In contrast, non-financial companies can enter the market and expand their services more easily under the “Special Act on Internet-Only Banks.” This imbalance has led to increasing calls for reforms to the current FIS regulations. In South Korea, opinions on easing FIS regulations are sharply divided. While deregulation is essential for the advancement of the domestic financial industry, excessive relaxation of these rules could undermine the economic stability that has been built over a long period through the separation of industrial and financial capital. However, considering the unique characteristics of financial institutions, it is important to note that many countries worldwide are already pursuing policies to ease FIS regulations. Moreover, as financial platform services become key competitive products in the financial industry, reforming existing regulations is inevitable. Therefore, this paper argues for the relaxation of FIS regulations based on the following proposed improvements. First, instead of imposing comprehensive ownership restrictions, a policy that separates the concepts of ownership and control should be introduced to enhance corporate autonomy in decision-making and operations. Additionally, financial companies’ investment limits in non-financial industries should be expanded, along with the implementation of an appropriate review system to prevent potential abuse. Second, the regulation of ancillary businesses should be shifted to a negative-list approach, ensuring flexibility and facilitating the expansion of financial companies’ ancillary activities. Lastly, the oversight and supervisory framework for financial companies should be strengthened, and post-regulation measures should be enacted to prevent issues that may arise under a relaxed regulatory system. This approach will help maintain a balance between financial industry growth and economic stability.