신협공제에 대한 현행 감독규제의 문제점과 그 개선방안에 대한 연구-보험업법과의 비교분석-

Abstract

The membership of the Credit Unions Mutual Benefit is not restricted to its partners. Instead, it is expanded to the ordinary people. In addition, the Credit Unions Mutual Benefit is nation-widely selling the mutual benefit product which is very similar to the general insurance product by the private insurance company. However, the Insurance Business Act, which is crucial for supervisory and control of insurance business, cannot be applied to the Credit Unions Mutual Benefit, because the Credit Unions Act which deals with Credit Unions Mutual Benefit stipulates the exemption of application of Insurance Business Act. As a result, the Financial Supervisory Commission and the Financial Supervisory Services do not have the rights to supervise and control the management and administration of Credit Unions Mutual Benefit such as the regulation of enrollment, public notification of product, level of soundness of finance and the protection of the insured. Under this situation, the position of consumer of Credit Unions Mutual Benefit is relatively weak and vulnerable, compared to the consumer of private insurance company. In addition, the Mutual Benefit Association who enjoys unfairly predominating position compared to the private insurance companies is rapidly increasing its market share in insurance business market. These problems were deeply discussed during the negotiation for Korea-U.S.A FTA. Agreement. For the fair competition in the market, the Insurance Business Act should be directly applied to the Credit Unions Mutual Benefit. This will make the Financial Supervisory Commission strictly supervise and control the Credit Unions Mutual Benefit. The Credit Unions Mutual Benefit should establishes its subsidiary companies to separate the life mutual benefit(life insurance) and general mutual benefit(general insurance) In addition, the separation between business of mutual benefit and business of credit should be made for the fair competition with the private insurance companies. The Insurance Business Act should be directly applied to these subsidiary companies.