金融監督院，是韓國的金融監管機構，隸屬於大韓民國金融委員會，法律性質是從事金融監督業務的民間特殊法人。 歷史 FSS 之前的金融監管 Before the Financial Supervisory Service FSS was established Koreas financial supervisory system was largely fragmented with the banking securities insurance and nonbank sectors individually managed and regulated by a separate agency Furthermore the authority of supervision was split between two governing entities ie the supervisory agencies and the Ministry of Finance and Economy formerly known as the Ministry of Finance currently the Ministry of Strategy and Finance Under this segregated supervisory system the banking sector was overseen by the Bank of Korea and the ministry the securities sector by the Securities Supervisory Board and the ministry and the insurance sector by the Insurance Supervisory Board and the ministry As to nonbank financial institutions established after the 1970s the overall authority lay with the ministry while functions of examination were delegated to the Banking Supervisory Authority within the Bank of Korea and the Korea NonBank Deposit Insurance Corporation FSS 的建立 The end of the 1980s marked a time of diversification in the financial industry and businesses crossover into other financial sectors Meanwhile the financial environment changed considerably with the opening of markets to foreign investments and the ongoing march of globalization This led to an increasing number of complex financial transactions such as derivatives that blurred the boundaries of banking securities and insurance The multifarious financial supervisory system of the past in which the banking securities and insurance sectors were each regulated by their respective supervisory agencies was no longer fit to address the innovations in the financial environment As a result the government established the Presidential Committee on Financial Reform in 1997 which announced a final report detailing the following recommendations for reform of the financial supervisory system Consolidation of the existing supervisory agencies into one organization to better deal with market liberalization business expansion into other financial sectors and the rising uncertainty in the market Establishment of an autonomous financial supervisory authority independent from macroeconomic monetary and credit policies Proper distribution of responsibilities and strengthened cooperation among related agencies Following the guidelines set forth by the committees report the government drafted financial reform bills in August 1997 Based on a recommendation by the International Monetary Fund to establish an integrated financial supervisory body the National Assembly passed the bill on December 29 1997 On April 1 1998 the Financial Supervisory Commission the predecessor to the Financial Services Commission was launched as the FSSs supreme decisionmaking body laying the groundwork for the consolidation of the four supervisory bodies the Banking Supervisory Authority Securities Supervisory Board Insurance Supervisory Board and the Nonbank Deposit Insurance Corporation To preserve sectoral characteristics while flexibly addressing businesses branching into other sectors a committee of executives and staff from the four supervisory bodies was put together to work out a plan for the consolidated agency On January 2 1999 the Financial Supervisory Service FSS was finally established 主要進步 The consolidation of the financial supervisory system helped Korea to quickly and efficiently recover from the Asian financial crisis that broke out at the end of 1997 The FSS led an intensive restructuring of the financial industry eliminating insolvent financial companies and putting the financial system back on track Over a sixyear period extending from 1998 to 2003 840 financial companies including 14 banks were removed from the market through MAs PAs or liquidation To combat increased corporate insolvency resulting from the Asian financial crisis the FSS successfully headed a corporate restructuring drive that implemented a series of measures like the improvement of conglomerates financial structure liquidation of failing companies and workout program The FSS also reacted expeditiously to the credit card crunch and market distress of 2003 caused by excessive credit card business expansion by strengthening prudent supervision of credit card companies and encouraging the development of MAs in order to prevent uncertainty from spreading throughout the financial market The integrated supervisory agency also facilitated a systematic application and supervision of programs introduced in the aftermath of the crisis such as forwardlooking criteria FLC a system of financial holding companies and the retirement pension plan In enforcing prudent regulations such as prompt corrective action business management evaluation and capital adequacy ratio it was also able to coordinate and maintain equity across financial sectors 目的 The purpose of the Financial Supervisory Service is to contribute to the growth of the national economy by 1 promoting the advancement of the financial industry and the stability of financial markets 2 establishing sound credit order and fair financial transaction practices and 3 protecting financial consumers such as depositors Article 1 Act on the Establishment etc of Financial Services Commission 法律狀體 The FSS was established for a special purpose and is legally based on the Act on the Establishment etc of Financial Services Commission It administers public affairs independent from the central and regional governments of Korea The intended effect of its legal status as an independent public entity rather than a governmental operation is twofold 1 to minimize government interference of the FSSs supervision of financial institutions and 2 to ensure a fair and independent execution of its supervisory services 管理與架構 Executives 2012 年 5 月 14 日 Its current governor Kwon HyoukSe was named to his position in March 2011 after a career of nearly three decades in financerelated positions in the government including with the Ministry of Finance and Economy Mofe predecessor to the Ministry of Strategy and Finance and the Financial Services Commission Kwon HyoukSe Governor Park Soo Won Chief Executive Auditor Choi Soo Hyun First Senior Deputy Governor Ho Joong Kim Chief Accountant 組織結構 2012 年 6 月 13 日 Organization in FSS english website The FSS headquarters in Seoul has 38 departments and 13 offices Regional offices are in operation in Busan Daegu Gwangju and Daejeon and representative offices in Jeonju Chuncheon Chungju and Jeju The FSS is also present in New York London Tokyo and Beijing and has residing staff in Washington DC Frankfurt and Hong KongFSS Web site wwwfssorkr The FSS established Financial Consumer Protection Agency directly reporting to and under the supervision of the Governor on May 15 2012 independent of supervision and examination divisions Deliberation and advisory committees Financial Disputes Settlement Committee Pursuant to Article 51 of the Act on the Establishment etc of Financial Services Commission the Financial Disputes Settlement Committee is a quasijudicial body established within the FSS to promptly and fairly resolve financial disputes among users of financial institutions When a user of or a party concerned with a financial institution applies for a settlement of a dispute the committee will depending on the nature of dispute either recommend the parties involved to reach an agreement or deliberate to resolve the dispute upon verification of facts The committee is composed of up to 30 members including an FSS deputy governor who serves as the committee chairman Other members of the committee include assistant deputy governors of the FSS and specialists representing the legal profession customer groups financial sectors academia and other relevant sectors As an outofcourt dispute resolution body the Financial Disputes Settlement Committee assumes a voluntary role in dispute mediation However when both parties to a dispute accept a mediators proposal the proposal carries the same effect as an incourt settlement In this sense the functions performed by the committee can be said to be quasijudicial Section 5 Mediation of Financial Disputes Act on the Establishment etc Of Financial Services Commission Sanctions Review Committee The Sanctions Review Committee advises the Governor of the FSS regarding deliberation of sanctions pursuant to the Regulations on Examination and Sanctions of Financial Institutions Charged with deliberating a variety of possible sanctions instituted by the Financial Services Commission andor the Governor of the Financial Supervisory Service whether against a business operations or employees or financial sanctions the committee is operated to ensure the fairness and equity of sanction measures The committee is composed of nine members head and deputy head of sanctions deliberation head of case presentation FSS legal advisor these four members are internal members FSC representative in charge of case presentation and four external members chosen from among lawyers professors andor financial experts with professional knowledge of financerelated statutes or scholarship and experience in finance The three external members are appointed by the Governor of the FSS Meetings of the committee shall be convened whenever a majority of its members deems it necessary and resolutions are passed by majority consent of all attending membersArticle 55 of Regulation on Examination and Sanction Against Financial Insituion 主要職能 FSS acts as the executive supervisor for the FSC and principally carries out examination of financial institutions along with enforcement and other oversight activities as directed or charged by the FSC Supervision of financial institutions Preliminary review of license applications for bank nonbank financial investment company insurance company credit card company financial holding company or any other kind of financial institution review of the terms and conditions of financial institutions supervision of the soundness of business management and business activities Examination of financial institutions Analysis and evaluation of financial companies business activities financial position and risk management capacity verification of companies compliance with relevant statutes Supervision of the capital market Operation of disclosure system to maintain the sound operation of primary and secondary markets for marketable securities capital market investigation to prevent unfair trade practices Supervision of accounting Alignment of accounting standards to international accounting standards to achieve enhanced transparency supervision of accounting to ensure a fair operation of the external audit system Protection of customers of financial services Consultation and handling of customer complaints regarding financial services protection of customer rights through dispute mediation financial education of consumers 外部關係 Financial Services Commission The Financial Services Commission FSC is a central public administration agency falling under the jurisdiction of the Office of the Prime Minister and is charged with the deliberation and determination of financial policies and other important matters of financial supervision such as the supervision examination and sanctioning of financial institutions and authorization and licensing of financial institutions Pursuant to the relevant legal provisions the FSC may direct and supervise the operations of the FSS In addition to its inherent responsibilities of supervising and sanctioning financial institutions the FSS supports the operations of the FSC and its adjoined Securities Futures Commission and executes those FSC duties which are entrusted by the FSC to the FSS Article 37 Act on the Establishment etc of Financial Services Commission Prior to February 2008 the law provided that the Chairman of the Financial Supervisory Commission the predecessor to the Financial Services Commission be concurrently appointed as the Governor of the FSS with the FSS directly assisting the operations of the commission The revision of the Act in February 2008 clearly distinguishes the policymaking function of the FSC and the supervisory enforcement function of FSS and provides that different persons be assigned to head each organization to ensure more effective checks and balances Article 29 2 of the Act The revision also provides that the Governor of FSS may as an exofficio member of the FSC request to the FSC chairman that matters necessary within the scope of FSS operation be included in the commissions agendaSee National Assembly Strategy Finance Committees Investigation Report Legal Knowledge Information System of the National Assembly Bank of Korea The Bank of Korea may when the Monetary Policy Committee deems it necessary for the implementation of monetary and credit policies request the FSS to perform an examination of a bank andor other financial institutions or ask that its staff jointly participate in an FSSled examination The Bank of Korea may also request the FSS to send the result of examination and ask for certain necessary corrective measures based on the results When the FSC takes measures that are directly related to monetary andor credit policies the Bank of Korea may ask for reconsideration of the measures if it has any objections Following the September 2009 signing of the memorandum of understanding MOU on information sharing and joint examination among the FSS the Bank of Korea the Ministry of Strategy and Finance the FSC and the Korea Deposit Insurance Corporation the FSS and the Bank of Korea agreed to widen the range of information shared between the entities and increase cooperation to promptly execute joint examinations for emergency cases right200pxthumbFSS signs a memorandum of understanding on information sharing and joint examination with FSC BOK and KDIC Korea Deposit Insurance Corporation The Korea Deposit Insurance Corporation may when deemed necessary for its operation request the FSS to perform an examination of insured financial companies or ask that its staff jointly participate in an FSSled examination Based on the aforementioned MOU the Korea Deposit Insurance Corporation and FSS share the financial information of financial companies with each other Korea Asset Management Corporation The FSC supervises the Korea Asset Management Corporation KAMCO gives directives in relation to its supervision and receives reports from the corporation on its operations accounting and assets Under instruction of the FSC the Governor of the FSS may examine the operations accounting and assets of KAMCO Current Issues Early recovery from the crisis Even before the breakout of the financial crisis the key policy objective of the FSS was to stabilize the financial market and enhance the health and soundness of Koreas financial institutions During the recent period of credit expansion the FSS took a series of strengthened measures of prudency such as LoantoValue LTV and DebttoIncome DTI regulations in March 2006 and the 30 rule restricting savings banks project finance PF loans in August 2006 From August 2007 when the subprime mortgage crisis emerged in the United States the FSS established and operated a comprehensive monitoring system to track new market developments In September 2008 amid rising distress in global financial markets in the wake of the collapse of Lehman Brothers the FSS committed itself to market stabilization to ensure an early recovery from the crisis It operated a roundtheclock monitoring system that was linked with its offices overseas government agencies and financial institutions while closely coordinating policies with the relevant organizations to promptly deal with potential instability factors The FSS also established a contingency examination system that required its examination competence to focus on preventing systemic risks its onsite general examination functions were deferred to accommodate the screening of potential risks In October 2008 the FSS set up the Foreign Debt Service Guarantee Task Force thereby working to quickly recover the finance sectors intermediary role by improving banks liquidity ratio and helping to ease the domestic and foreign liquidity crunch faced by local companies To prevent bad loans from accumulating the FSS urged banks to maintain a Bank for International Settlements BIS ratio of 12 or higher and a Tier 1 capital ratio of 9 or higher as of end of 2008 The financial crisis was also an opportunity to crack down on unsound business practices that contributed to increased volatility in the foreign currency and stock markets To ward off unwarranted concerns that served to undermine market confidence the FSS regularly organized conference calls and issue briefings for domestic and international institutional investors and analysts as well as briefings for the foreign press Corporate restructuring The expiration of the old Corporate Restructuring Promotion Act at the end of 2005 highlighted the need to address the limitations of creditor banks sole discretion over corporate restructuring As a result the new Corporate Restructuring Promotion Act was enacted in November 2007 After the fall of Lehman Brothers in September 2008 and the resulting shortage of liquidity and economic recession industries particularly susceptible to global economic cycles such as construction shipbuilding and shipping were in dire need of restructuring In November 2008 the FSS organized the Corporate Credit Task Force in a joint FSSFSC undertaking to ease businesses financial distress and improve their financial position In December of the same year the FSS announced directives and policies for major corporate restructuring11 From January to April 2009 credit risk evaluations were conducted on construction companies shipbuilders and shipping companies faced with solvency risks Based on the results of the evaluations 46 companies were placed on a corporate workout procedure By the end of September 2009 six of the companies had been normalized 17 were still undergoing the workout and 23 were in the process of court receivership Subsequent to the industryspecific restructuring drive the FSS also initiated a restructuring process for the corporate sector at large Large individual companies with outstanding credit lines of 50 billion won or more were subjected to credit risk evaluations of 433 companies 33 were selected for restructuring By the end of September 2009 three had completed the workout program 13 were in the process of normalizing their operations through workout and 17 were in the process of court receivership program Given the large number of small and mediumsized enterprises SMEs and the limited availability of information on which to determine restructuring SME credit risk evaluations were performed in different stages based on the size of credit loans In July 2009 the first round of evaluations screened 861 companies that were subject to external audits and had in excess of 5 billion won in debt of them 113 were selected for restructuring In the second round of evaluations that ended in September 2009 1461 companies subject to external audits and carrying 3 billion won or more in debts were screened of which 174 were ordered to restructure In the third round of evaluations that ended in December 2009 companies subject to external audits with debts of 1 billion won or more and those not subject to external audits but with debts of 3 billion won or more were screened of the 1842 companies screened 225 were selected to undergo restructuring Microfinance and SME support In an effort to assist with the financial needs of lowincome groups severely hit by the global financial crisis the FSS launched the Microfinance 119 Service s119fssorkr on its portal website in March 2009 The website was designed to offer microfinance information and other related services to lowincome earners The portal website offers eight services including loan information free credit checks information on voice phishing fraud checks on legally established financial institutions financial knowledge credit recovery programs rehabilitation support programs and reports of illegal financial practices To ensure that the services can be accessed from a wider range of channels for the convenience of service users the FSS linked its portal service to the websites of 370 financial institutions The Microfinance 119 Service extended individually tailored loans to 33000 customers absorbing 142 billion won of illegal private loans into the established market in the process The portal also contributed to promoting the Hope Loan program offered in cooperation with financial institutions From March 1 2009 to December 4 2009 201774 customers with low credit ratings or low income levels received a combined total of 118 trillion won in loans through the program FSSs Microfinance 119 Service website The FSS also took a series of measures to strengthen the lines of support to small and mediumsized enterprises SMEs in times of liquidity shortage during the global financial crisis Working jointly with the Korea Federation of Banks and other organizations the FSS introduced the SME Fast Track program in October 2008 injecting a combined liquidity of 282 trillion won to 1672 SMEs by the end of 2008 By coordinating policies with the FSC and other relevant agencies and enlisting the active cooperation of the financial sector the FSS helped to increase the guarantee amount from guarantee institutions and to extend the maturity of SME loans Thanks to the combination of SME support measures SME loans increased by 524 trillion won in 2008 despite the bleak economic circumstances of the global financial crisis which is comparable with the average increase of 567 trillion won in 2006 and 2007 Supervisory Objectives The FSS is geared to emphasize onsite supervision and examinations in its commitment to establishing itself as financial regulator that markets and consumers trust The FSS will strengthen prudential supervision to prevent worsening economic and financial conditions from leading to financial distress in companies The FSS will provide more financial support for lowincome people and SMEs particularly vulnerable to economic recession and concentrate on strengthening consumer protection The FSS is hosting such regular events as HearttoHeart TalkWorkshop participated by consumer groups financial companies and the FSS to share thoughts and Campus Talk on FinanceForum for communication among college students financial regulator and professionals in its efforts to share thoughts and increase direct communication with financial consumers and markets The FSS has set up five objectives for this years supervisory guidelines and they are as follows 1Stabilizing Financial System In its efforts to better brace for worsening global and domestic conditions including eurozone debt crisis the FSS will strengthen foreign currency liquidity management and encourage financial companies to have more ability to absorb losses by setting aside more loan loss provisions 2Protecting Financial Consumers The FSS will earthen unreasonable practices embedded across the financial sector to correct them and conduct more mystery shopping for five financial instruments Funds variable insurance ELS Wrap credit cards that frequently incur losses to consumers 3Protecting Lowincome People and SMEs The FSS will intensify crackdown on illegal financial acts against lowincome people and help reduce financial difficulties of SMEs by creating a level playing field between large companies and SMEs 4Innovating Supervisory System Financial companies will be encouraged to bring their corporate governance in line with global standards and place a high premium on corporate social responsibility The FSS will help attract global financial companies to domestic market and give support to domestic companies making inroads into global markets 5Openminded Communications with Market Players The FSS will press ahead with a comprehensive overhaul of the supervisory framework and better communication with consumers to restore confidence 參考文獻 外部連結 Official website English Category 韓國金融 Category 韓國政府 Category 金融監督組織 Category1999 年韓國建立