This work identifies the continuing structural weaknesses of the Korean banking system, which were thrown into sharp relief by the 1997 financial crisis, and focuses on the need for reform in order to achieve financial stability. The study centres around three central questions: Who should be the regulator? What substantive standards of supervision should be applied? Administratively, in what manner should these standards be applied? The book argues that the Korean banking system, characterised as a `governmental control system' for credit allocation, should be removed from undue governmental and political interference, thus allowing the involvement of banks in commercially oriented practices without exposure to the significant risks incurred by governmental policy directed lending. The author calls for a high degree of transparency and accountability, for a clear, realistic timetable for restructuring, and for an effective exit policy for troubled commercial banks. This book will be of value to practitioners, researchers and academics working in the field of banking law, particularly those with a special interest in the Asia-Pacific region.

This book examines the changes in politics, economics, society, and foreign policy in South Korea since 1980. Starting with a brief description of its history leading up to 1980, this book deals with South Korea's transition to democracy, the stunning economic development achieved since the 1960s, the 1997 financial crisis, and the economic reforms that followed and concludes with the North Korean nuclear crisis and foreign relations with regional powers. The theoretical framework of this book addresses how democratization affected all of these dimensions of South Korea. For instance, democratization allowed for the more frequent alternation of political elites from conservative to liberal and back to conservative. These elites initiated different policies for dealing with North Korea and held different views on South Korea's role in its alliance with the United States. Consequently, ideological divides in South Korean politics became more stark and the political process more combative.

This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.

Edited by David T. Coe and Se-Jik Kim, this volume contains papers presented at a May 2001 conference in Seoul sponsored by the IMF and the Korea Institute for International Economic Policy on the Korean Crisis and Recovery. The papers examine the response to the 1997 crisis, its long-term impact on growth, and the state of financial and corporate sector reforms. Authors include academics, Korean policymakers, and IMF and World Bank staff involved in the Korean program.

We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property; and accompanying liabilities; proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This important book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance. In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following: direct supervision of reinsurers versus supervision of reinsurance policies models from developed countries (US, UK, EU) and international organisations (Organization for Economic Cooperation and Development, International Association of Insurance Supervisors) the importance of taking legal and economic differences into account while applying models the problem of local protectionism, especially in developing countries the dismantling of trade barriers in the reinsurance industry global harmonization of reinsurance regulation the role of reinsurance intermediaries finite risk reinsurance insurance-linked securities. The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment. As a meticulously considered appraisal of, and solution to, a world problem that is growing quickly and uncontrollably, Reinsurance Regulation will be of immense value to lawyers, professors, academics, and officials who deal with any facet of economic law.

It is often argued that international financial regulation has been substantially strengthened over the past decades through the international harmonization of financial regulation. There are, however, still frequent outbreaks of painful financial crises, including the recent 2008 global financial crisis. This raises doubts about the conventional claims of the strengthening of international financial regulation. This book provides an in-depth political economy study of the adoptions in Japan, Korea and Taiwan of the 1988 Basel Capital Accord, the now so-called Basel I, which has been at the center of international banking regulation over the past three decades, highlighting the domestic politics surrounding it. The book illustrates that, despite banks’ formal compliance with the Accord in these countries, their compliance was often cosmetic due to extensive regulatory forbearance that allowed their real capital soundness to weaken. Domestic politics thus ultimately determined national implementations of the Accord. This book provides its novel innovative study of the Accord through scores of interviews with bank regulators and analysis of various primary documents. It suggests that the actual effectiveness of international financial regulation relies ultimately on the domestic politics surrounding it. It implies as well that the past trend of international harmonization of financial regulation may be illusory, to at least some extent, in terms of its actual effectiveness. This book may interest not only political economists but also scholars working on the intersection of law, economics and institutions.

How and why has the Korean state changed its way of handling the society and its markets over the past two decades? The Changing Role of the Korean State finds that the explosion of contentious civil society after democratization coeval with the outbreak of the financial crisis following rapid economic growth, are closely associated with the decline of developmentalism. Despite these profound changes, however, the Korean state has not totally relinquished its control over the society and the market. Rather, although its methods have been altered it remains to be highly interventionalist and regulatory in nature. The state continues to use its influence to restructure the socio-economic system and rationally manage spatial arrangements. The book amply demonstrates the residual legacy of the developmental state in Korea, and it is unlikely that Korea will ever accept the western liberalist concept of a state which limits its function to that of a referee for the spontaneous operation of the civil society and the market. The contributors of this edited volume delineate the shifting role of the Korean state from the developmental state, which led economic development by guiding investment in strategic industries through various means, to a slightly subtler role as a regulator, supervising the operation of the market in the changing economic environment. Individual chapters presented here address this changing but nonetheless vital role that the state plays in managing the variety of modern socio-economic life in South Korea. Hong Yung Lee is Professor Emeritus of Political Science at University of California, Berkeley. Sunil Kim is Assistant Professor of International Studies at Kyung Hee University.

Whatever can be said about the financial crises that have plagued East Asian countries since the early 1990s, it must be averred that they teach us a great deal. Many earlier assumptions about finance and investment have been called into question, and the field is more open than it has been in many decades to legal and economic analysis and theory. In particular, issues of financial sector reform have come into sharp focus. Here is a new proposal, solidly grounded in current reality, for a regional "zone of law" designed to supplement and benefit domestic reforms under way in Japan and the three emerging economies of Indonesia, South Korea, and Thailand. The author draws on a wide range of relevant material, including exploration of international standards and "best practices" in banking and finance, the experience of the U.S. and the U.K. in planning and implementing reform measures, and the theoretical literature respecting financial crises and what causes them. In this context, the specific reforms applied in the four Asian countries under consideration are discussed in detail, with "lessons to be learned" about crisis detection, containment, and prevention. During the course of the analysis, the author reveals fundamental policy areas where meaningful and effective reform can take place. Financial Stability Issues: The Case of East Asia offers numerous practical applications at the same time as it strikes a rich vein of theory in the field. Its fresh, sensible approach will be greatly appreciated, not only by academic theorists, but by hardheaded business people, policymakers, and regulators as well.

After years of strong performance, Korea’s economy entered a crisis in 1997, owing largely to structural problems in its financial and corporate sectors. These problems emerged in the second half of that year, when the capital inflows that had helped finance Korea’s growth were reversed, as foreign investors—reeling from losses in other Southeast Asian economies—decided to reduce their exposure to Korea. This paper focuses on the sources of the crisis that originated in the financial sector, the measures taken to deal with it, and the evolution of key banking and financial variables in its aftermath.