은산분리정책에 대한 금융법적 검토

The Lee Myung-bak administration says it plans to gradually convert the current ex ante regulation on bank ownership to a system of eligibility screening for controlling shareholders and strengthened ex post supervision. There has been some controversy over the government’s such policy of separation of banking and commerce. Those in favor of maintaining the separation of banking and commerce are supporting their arguments with the following. 1. If an affiliated company faces a financial difficulty, it will divert the financial company’s funds to other purposes, and consequently, the financial company will become insolvent. 2. The presence of foreign banks seems to promote the efficiency of domestic banks and also contribute to the advancement of various financial laws, system, and infrastructure. 3. It is not common for global private commercial banks to have an owner, and according to an analysis of U.S., British, Japanese, French, and German banks that are among world’s top 100, higher productivity is generally shown in those with more diversified ownership. 4. In general, productivity of affiliated banks of a business group fails to meet the average of entire financial industry. On the contrary, those in favor of easing the separation of banking and commerce are supporting their arguments with the following. 1. Recent social and political surveillance system and atmosphere makes it impossible for an affiliated company to divert and use the funds indiscriminately. 2. Foreign banks are reluctant to provide loans to smaller domestic companies, and therefore, the regulation of bank ownership should be reformed. 3. The number of countries that regulate the bank’s ownership of commercial capital is relatively small, and after the analysis of actual data, domestic commercial banks that are controlled by controlling shareholders provides more loans to small companies than the other banks that are not controlled by controlling shareholders. 4. Productivity of business groups exceeds that of independent companies. There is also controversy over the efficiency of financial supervision and the pros and cons of increasing the stake in banks by using different types of funds such as national pension or private equity investment firms. The question is whether the Financial Services Commission and Financial Supervisory Service, which have been criticized for their poor supervision, can adequately perform their duties. Recent findings from Samsung investigation raises doubts about whether the Financial Services Commission and Financial Supervisory Service performed their financial supervision duties effectively. Measures to ease the separation of banking and commerce should be prepared only after it is proven that the Financial Services Commission and Financial Supervisory Service can effectively perform their financial supervision duties.