은행 신속정리절차 도입에 관한 법적 쟁점

The Silicon Valley Bank crisis of 2023 has sparked increased interest in rapid bank resolution regime. After the 2008 global financial crisis, the United States, the United Kingdom, and the European Union overhauled their bank resolution framework and legislated the rapid resolution process as one of them, which helped them effectively overcome the 2023 crisis. South Korea overhauled its financial institution resolution framework through the 1997 IMF crisis and revised its bank resolution framework through the amendment of relevant laws in 2020, but has yet to introduce an rapid resolution regime. As South Korea has become a digital financial environment using internet banking and mobile apps, there is a risk of bank failure due to a sudden liquidity crisis, such as the Silicon Valley Bank crisis. In addition, as financial transactions have become more complex, bank failures can lead to a systemic crisis, it is necessary to introduce a rapid resolution regime. This article introduces the rapid bank resolution cases of the United States, the United Kingdom, and examines the institutional arrangements that can be introduced in South Korea. It should be necessary for various procedures to be omitted or simplified in a rapid resolution process. It is important to establish a system to minimize the possibility of violating the rights of stakeholders such as shareholders and creditors in a rapid resolution process.