차명금융거래에 대한 실효적 규제를 위한 입법론(상) -금융실명법 개정방안을 중심으로-

Title
차명금융거래에 대한 실효적 규제를 위한 입법론(상) -금융실명법 개정방안을 중심으로-
Other Titles
An Essay on Legislation for the Effective Regulation of Financial Transactions in Borrowed Name -Focused on the Amendment of the Act on Real Name Financial Transactions and Guarantee of Secrecy-
Author(s)
최성근
Keywords
Financial Transaction in Borrowed Name; Real Name Financial Transaction; the Act on Real Name Financial Transactions and Guarantee of Secrecy; Financial Asset; Financial Transaction; 차명금융거래; 금융차명거래; 금융실명법; 금융실명제; 부동산실명법; 부동산명의신탁
Issue Date
201202
Publisher
한양법학회
Citation
한양법학, no.37, pp.421 - 444
Abstract
This article deals with issues on the regulation of financial transactions in borrowed name. Korea has enforced the Act on Real Name Financial Transactions and Guarantee of Secrecy in 1997. But the real name financial transaction system has not been settled, and there are still many financial transactions in borrowed name. Financial transactions in borrowed name are used as means of violation / evasion of law or several crimes such as concealing assets, raising a slush fund, tax evasion / avoidance, money laundering, embezzlement and so forth. Nevertheless, financial transactions in borrowed name are not brought under the Act on Real Name Financial Transactions and Guarantee of Secrecy. The effective regulation of financial transactions in borrowed name bases upon the establishment of fair and transparent financial transaction order. In order to realize the successful regulation of financial transactions in borrowed name, the Act on Real Name Financial Transactions and Guarantee of Secrecy should be revised. This paper indicates the problems of the current real name financial transaction system, and presents some suggestions for the amendment of the Act on Real Name Financial Transactions and Guarantee of Secrecy.
URI
http://hdl.handle.net/YU.REPOSITORY/29704
ISSN
1226-8062
Appears in Collections:
법학전문대학원 > 법학전문대학원 > Articles
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