회사법적 관점에서 본 ‘금융그룹통합감독법’의 문제점

Ⅰ. 서 언 ················································································································· 25

Ⅱ. 선행연구 ··········································································································· 27

Ⅲ. 근래의 경향 - 행정행위에 의한 상사법 정신 훼손 ···································· 30

1. 코드에 의한 훼손 ························································································ 30

2. 금융그룹의 감독에 관한 모범규준의 시행 ············································· 32

Ⅳ. 제정안에 대한 비판적 검토 ··········································································· 34

1. 설계의 오류 ·································································································· 34

2. 대표회사를 통한 그룹 리스크 통합관리의 문제점 ································· 37

3. 규제의 중복ㆍ과잉으로 불필요한 부담 가중 ··········································· 40

Ⅴ. 보다 근본적인 문제 – 그룹 인격의 인정 여부 ········································· 43

1. 지주회사 체제 ······························································································ 43

2. 한국형 로젠블룸 판결 ················································································· 44

3. 제정안의 규정과 정관 소정 목적에 의한 권리능력 제한 ···················· 45

Ⅵ. 결 어 ··············································································································· 47