저축은행 부당인출예금의 회수방안 ―채권자취소권과 부인권을 중심으로―

Abstract

The Financial Service Commission suspended the Basan Savings Bank Group that has failed to meet capital adequacy ratio by the International Bank of Settlement, including major players Busan and Daejeon Savings Banks. However, some accidents happened immediately before the suspension at those banks. According to a preliminary probe by the Financial Supervisory Service, a total of 8.5 billion won was illegally withdrawn from two banks, that is Busan and Daejeon Savings Banks, hours before their operations were suspended on February 16th, 2011. Managers and employees of the banks first took their money back and they allegedly called their relatives, friends and VIP customers to ask them to withdraw their deposits ahead of the shutdown. Some employees even withdrew huge sums of deposits randomly from their VIP customers who did not answer phone calls, to help them avoid an asset freeze following the suspension. Prosecutors believe that 5 billion won out of the total withdrawal was drawn out on bank employees' and major shareholders' tip-offs and they have a plan to punish those who were paid in return for notifying of the scheduled suspension. Prosecutors are also investigating into who leaked the inside information of the suspension. Along with the investigation, the financial authorities' decision to attempt to retrieve the deposits that were improperly withdrawn is under legal review. This paper aims at analyzing the application of revocation and avoidance powers by bona fide depositors who have not withdrawn their deposits before suspension. The analysis is the first trial in Korea that have not considered by any one before. Thus, this paper may be the cornerstone of later studies related to the most important issue in the bankruptcy cases of banks, that is malicious withdrawals by depositors before shutdown and their disposal.