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논문검색은 역시 페이퍼서치

금융법연구검색

Korea Financial Law Association


  • - 주제 : 사회과학분야 > 법학
  • - 성격 : 학술지
  • - 간기: 연3회
  • - 국내 등재 : KCI 등재
  • - 해외 등재 : -
  • - ISSN : 1738-3706
  • - 간행물명 변경 사항 :
논문제목
수록 범위 : 7권 1호 (2010)

발간사(發刊辭)

정찬형
한국금융법학회|금융법연구  7권 1호, 2010 pp. 3-4 ( 총 2 pages)
1,000
키워드보기
초록보기

보험소비자보호정책의 평가 및 개선방향

장덕조 ( Deok Jo Jang )
한국금융법학회|금융법연구  7권 1호, 2010 pp. 3-31 ( 총 29 pages)
6,900
초록보기
The Obama administration of the U.S.A. has proposed a series of recommendations for legislation, regulations, and administrative measures by the CFPA to reform consumer protection based on principles of transparency, simplicity, fairness, accountability, and access for all. H.R. It has as its purpose to"establish a system of regulation and supervision for insurers, insurance agencies, and insurance producers chartered or licensed under Federal law that ensures the stability and financial integrity of those insurers, agencies, and producers and that protects policyholders and other consumers served by such insurers, agencies, or producers." Insurance is a major component of the financial system. Any insurance regulatory regime should include strong capital standards and appropriate risk management, including the management of liquidity and duration risk. Increased consistency in the regulatory treatment of insurance - including strong capital standards and consumer protections - should enhance financial stability, increase economic efficiency and result in real improvements for consumers. This article studies the current protection policy for insurance consumer and the improvement. Consumer protection is a critical foundation for our financial system. It gives the public confidence that financial markets are fair and enables policy makers and regulators to maintain stability in regulation. Stable regulation, in turn, promotes growth, efficiency, and innovation over the long term.

행정입법의 일환으로서 한국은행 규정의 의의, 성격 및 효력

노철우 ( Chul Woo Rho )
한국금융법학회|금융법연구  7권 1호, 2010 pp. 33-75 ( 총 43 pages)
11,800
초록보기
The Purpose of the Bank of Korea Act is to contribute to the sound development of national economy by establishing the Bank of Korea and seeking price stabilization through the establishment and execution of effective monetary and credit policy. The monetary and credit policy by the Bank is a kind of economic administration and belongs to macro economy policies. The Bank of Korea implements its operations under the Bank of Korea Act, the Bank of Korea Monetary Stabilization Bond Act, the Management of the National Funds Act, the Foreign Exchange Transaction Act, and so on according to the principle of the rule of law. Especially, article 30 of the Bank of Korea Act stipulates that "the Monetary Board may establish regulations as necessary to discharge its duties." The first chapter of this paper deals with the purpose and scope of this study. The second chapter studies the overviews of administrative legislation. In the third chapter, I research disputes on the forms of administrative legislation pursuant to Act. In the fourth chapter, I deal with the definition, character and effect of regulations of the Bank of Korea. The fifth chapter studies the contents and suggestions on the Supreme Court`s cases regarding regulations of the Bank of Korea. The Supreme Court pronounced that forms of administrative legislation pursuant to the Constitution are illustrative and the legislators are able to choose the forms of administrative legislation. Besides, the Supreme Court rendered judgement that the delegated legislation in forms of administrative regulations can be admitted in case of technical matters and the comprehensive delegation should not be permitted. The Regulation on Reserve Requirements of Financial Institutions, the Regulation on Rate of Interests on Deposits and Loans of Financial Institutions, etc. enacted by the Monetary Board, which have general and compulsory effects on financial institutions, have a character of regulative orders. And the legal relations between the Bank of Korea and financial institutions regarding above-mentioned operations of the Bank are public law relations. On the other hand, the Regulation on Issue of Bank of Korea Notes, the Regulation on Loans of the Bank of Korea for Financial Institutions, etc. enacted by the Monetary Board, which are adapted in the inside of the Bank in principle, have a character of administrative regulations. And the legal relations between the Bank of Korea and financial institutions regarding above-mentioned operations of the Bank are private law relations.

이동장비에 대한 국제담보권협약의 최근 동향 연구 -등기와 선언(Declaration)을 중심으로-

김용재 ( Yong Jae Kim ) , 전우정 ( Woo Jung Jon )
한국금융법학회|금융법연구  7권 1호, 2010 pp. 77-111 ( 총 35 pages)
7,500
초록보기
This article deals with the Cape Town Convention and Aircraft Protocol. The introduction shows the current status of the Cape Town Convention and Aircraft Protocol around the world, and defines the Korean translation of "international interests" which is used in the Convention and Protocol. Part II introduces UNIDROIT, which drafted the Cape Town Convention and Aircraft Protocol, and reviews the background, history and characteristics of the Cape Town Convention and Aircraft Protocol. Furthermore, it shows expected benefits that Korea could get if Korea would join the Cape Town Convention and Aircraft Protocol. Typical benefits are discounts of premium rates for aircraft mortgage loans and simple procedures for the international transfer of aircraft mortgages. Part III investigates the registration on the International Registry under the Cape Town Convention and Aircraft Protocol. It also analyzes the relationship between the filing on the domestic aircraft registry and the registration on the International Registry. The object that falls in the scope of application of the Cape Town Convention and Aircraft Protocol may be registered on the International Registry. Therefore it examines the scope of application of the Convention and Protocol, first in terms of the parties of the registration and secondly, in terms of the object of the registration. Moreover, it reviews the operation of the International Registry, the effectiveness of the registration on the International Registry, registration fees, discharge of registration, and duration of registration. Part IV explains important declarations including the declarations that the OECD requires for the Cape Town Convention discount. For the Cape Town Convention discount, a contracting state is required to declare that any remedy available to the creditor under the Convention may be exercised without leave of court (Article 54(2) of the Convention), or to declare that a creditor who adduces evidence of default by the debtor, pending final determination of its claim, may obtain from a court speedy relief (Article 13 of the Convention). In addition, a contracting state is required to declare that upon the occurrence of an insolvency-related event, the insolvency administrator or debtor shall give possession of the aircraft to the creditor no later than 60 days (Article XI Alternative A of the Protocol) and the creditor may be entitled to exercise a de-registration and export request authorization (Article XIII of the Protocol). In conclusion, if Korea would join the Cape Town Convention and Aircraft Protocol, Korean airlines could reduce financing costs for leasing or purchasing aircraft. Korean airlines usually fulfil obligations very well and there are few cases of default or bankruptcy. Thus, there would be more plus than minus if Korea would join the Cape Town Convention and Aircraft Protocol.

구속성예금(꺾기)의 법률적 규제와 효력

김병태 ( Byung Tae Kim )
한국금융법학회|금융법연구  7권 1호, 2010 pp. 113-142 ( 총 30 pages)
7,000
초록보기
Simply speaking, a compensating balance is an amount a lending institution requires a borrower to leave on deposit during the term of a loan. The practice of requiring compensating balance to a borrower by a lending institution has been widely used in Korea and around the world for decades. It is generally useful especially for banks when banks are making loans to small businesses or persons with lack of funds or low credit rating, in turn banks may keep the compensating balance as collateral and reduce their undesired adverse damages. In Korea, a compensating balance may be regulated by the Financial Supervisory Service (FSS) or by the Fair Trade Commission (FTC) under the relevant laws for banks and other financial institutions. If a lending institution is subject to the regulation of compensating balance, then it deserves relevant corrective measures by FSS or FTC. Many cases in Korea and in Japan show similar results in the matter of banks`` unfair financial trade and superiority over borrowers. Though a compensating balance is subject to the regulation of FSS and FTC, it may be still effective in private transaction between a lending instituting and a borrower. This means that regardless of the regulation of compensating balance, it still remains legally binding deposit contract for both parties unless it should be regarded as an offense against sound social order and public morals under the Civil Law. Sometimes, required compensating balances at the lending institution may affect the principal of the loan for purposes of interest computation. If a compensating balance is voluntarily maintained, there is no effect. If a loan agreement requires a specific balance or restricts the borrower`s use of funds on deposit, a compensating balance may be deducted from the principal in computing the interest rate. In Korea and other many countries, a compensating balance was once and may be still deemed a necessary evil for lending institutions. It is noted, therefore, that the sound supervision of lending institutions, the protection of borrowers and the voluntary restriction by lending institutions should be considered in the policy and the regulation of compensating balance.

금융분쟁과 ADR -한일 비교를 중심으로-

김상수 ( Sang Soo Kim )
한국금융법학회|금융법연구  7권 1호, 2010 pp. 145-168 ( 총 24 pages)
6,400
초록보기
Under the number of persons concerned who take part the scale and there of the monetary transaction, it may be guessed that a lot of financial disputes have been generated. To process a financial dispute appropriately is an indispensable condition for the activation and fairness of the monetary transaction. There are a trial and ADR in the method of solving a financial dispute. ADR means a financial dispute is solved at the dispute mediation committee set up by an administrative agency. By the way, the financial consumer is usual not knowing the existence of such an committee well. This study tries to clarify the current state of such ADR, and to propose the improvement. On the other hand, Japan that has a similar legal system to our country introduces finance ADR, and high expectations are drawn to the enforcement. This study tries to examine the current state of Japanese finance ADR in detail, and to obtain the suggestion in our country.
7,200
초록보기
Since the outbreak of the global credit crisis, covered bond has been getting more attention in financial market. Domestic banks have needs to finance them from abroad using their mortgage loans as collateral; covered bond can be more favorable device to make its issuer finance at less spread gap compared to MBS. This paper analyzes the structure of the structured covered bond issued by Korea-based Kookmin bank in 2009 and also related laws which are needed to be modified to introduce the statutory covered bond into Korea. Kookmin bank brought in foreign capital from its covered bond issuance but at unsatisfactory spread, which the credit rating companies explained as a result of legal uncertainty from lack of laws securing the investors`` dual recourse. Therefore, Korea needs to modify related laws for securing the issue of statutory covered bond. Covered bond is a double-edged financial product. Conflicts of interest arising from issue of covered bond exist among the issuer and its creditors, especially deposit creditors. This matters because commercial banks`` excessive dependence on covered bond would incur loss to the deposit insurance fund. In designing laws for statutory covered bond, 1988 EU UCITS Directive should definitely be taken into consideration.
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