韩国金融法的沿革及现状 ("한국 금융법의 연혁 및 현황" 중국어 번역본)

Abstract

The financial business in Korea includes banking business, financial investment business, insurance business and small-loan finance business. The principal acts which regulate banking business are Banking Act, Bank of Korea Act etc. The most important act which regulates financial investment business is Financial Investment Services and Capital Market Act. The principal acts which regulate insurance business are Commercial Code part 4(insurance contract) and Insurance Business Act etc. The principal acts which regulate small-loan finance business are Mutual Savings Banks Act, Loan Business Act etc. Korean Banking Act stipulates general provisions(purpose, definitions of terms etc.), permission of banking business, limitation on owning the shares of a bank, governance of a bank, banking operations, maintain of sound management, supervision and inspection, etc. Korean Insurance Business Act regulates general provisions(purpose, definitions of terms etc.), permission of insurance business, insurance company, insurance solicitation, asset operation of insurance company, accounting, supervision of insurance company, dissolution and liquidation, protection of a third party in non-life insurance, insurance organization concerned etc.. Act on Financial Investment Services and Capital Market Act regulates general provisions(purpose, definitions of terms etc.), financial investment business, issuance and circulation of securities, restriction of unfair trade, collective investment scheme, financial investment organization concerned, Korea Exchange, supervision, etc. This year(2012) Korean government(financial services commission) submitted the Act on Governance of Financial Institutions(Draft) and the Amendment Draft of Financial Investment Services and Capital Market Act to National Assembly. I think these drafts should be examined thoroughly in advance in order to harmonize them with Korean Commercial Code(corporation).