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부실금융기관 정리의 법적 문제점
Legal Problems in the Restructuring Process of Financial Institutions
이준섭 ( Jun Seob Yi )
금융법연구 2권 1호 115-158(44pages)
UCI I410-ECN-0102-2012-320-001794303

``The Act of Structural Improvement of the Financial Industry`` regulate the whole restructuring process of financial institutions generally. The Act has provisions on the decisions of insolvent financial institutions, prompt corrective actions, and other restructuring process which are also imposed by the order of Financial Supervisory Commission("FSC"). However, these regulations involve too many excessive impositions for the restructuring process of financial institutes by the FSC. These excessive dispositions and enforcements apply to all kinds of prompt corrective actions, for example, mergers, reduction of capital, P&A, etc., regardless of whether a financial institution is under insolvency or not. First of all, the exceptional regulations reduce the rights of stakeholders simply as well as shareholders of the related financial institutions. Even though the possibility of the reduction of the stakeholders`` rights under the exceptional crisis of related financial institutions may be opened, we may accept neither extraordinary orders of the financial supervisory administrator to the critical financial institutes nor excessive intervention into the normal institutions. Therefore this study emphasizes as a keypoint that the related provisons should be revised in the way that shareholders`` and stakeholders`` rights should be properly protected in harmony with efficient completion of the restructuring process.

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