금융회사의 지배구조에 관한 법률 타법개정이 바꾸는 준법감시인 자격 기관명: 제26조제1항제2호라목의 기획재정부를 재정경제부로

무엇이 바뀌었나

This amendment is an amendment consequent upon an amendment to another Act following the revision of the Government Organization Act. The reasons for amendment set out in the original text on the Korea Law Information Center are the reasons for amending the Government Organization Act, not this Act, and state that the purpose is to disperse and reallocate functions and authority concentrated in specific ministries and to redesign the government organizational system so that it can respond to changes in the administrative environment (notation revised in translation). Item (d) of the Main Contents states that the Ministry of Economy and Finance will be separated into the Planning and Budget Office under the Prime Minister and the Ministry of Finance and Economy. The original text contains no reason for amending the system governing the corporate governance of financial companies itself.

The amendment text (Article 7, paragraph 602 of the Addenda of the Government Organization Act) provides only that in the former part of item (d) of subparagraph 2 of paragraph (1) of Article 26, "Ministry of Economy and Finance" shall be replaced by "Ministry of Finance and Economy." The Table of Comparison of Old and New Provisions likewise indicates that subparagraph 1 of paragraph (1) of Article 26, items (a) through (c) of subparagraph 2, item (e), and paragraph (2) remain the same as the current provisions.

The effective date, as indicated at the head of the original text, is January 2, 2026. Article 1, subparagraph 1 of the Addenda of the Government Organization Act provides that certain amended provisions, such as Article 23 and Article 30, the amended provisions limited to the parts concerning the Minister of Finance and Economy and the Ministry of Finance and Economy, and the related parts among the Acts amended pursuant to Article 7 of the Addenda, shall enter into force on January 2, 2026.

조문으로 확인할 것

The materials verified are the reasons for amendment and the amendment text (a part of the Addenda of the Government Organization Act) at the original link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=277253), the Table of Comparison of Old and New Provisions (compared with the previous Act No. 19913), and the current Article 26 (qualifications of a compliance officer; entry into force January 2, 2026), opened on 2026-10-16 through the Korean-language address of the Korea Law Information Center.

The current former part of item (d) prescribes a person who has worked for seven years or more at the Ministry of Finance and Economy, the Financial Services Commission, the Securities and Futures Commission, the Board of Audit and Inspection, the Financial Supervisory Service, the Bank of Korea, the Korea Deposit Insurance Corporation, or other financial-related institutions publicly notified by the Financial Services Commission. The proviso to subparagraph 2 excludes a person for whom five years have not elapsed since retiring or resigning from an institution prescribed in the former part of item (d), so it can be confirmed from the text that this change of institution name points to both the qualification requirements and the institutions excluded under the proviso. The Planning and Budget Office is not included in item (d).

The main text of the Government Organization Act and the transitional provisions of its Addenda were omitted on the original page and were not opened, and neither the publicly notified rule of the Financial Services Commission nor the Enforcement Decree of this Act was verified on this occasion.

입법에 묻는 것

The Ministry of Economy and Finance has been divided into the Planning and Budget Office and the Ministry of Finance and Economy, yet the former part of item (d) names only the Ministry of Finance and Economy. How is a period of service at the Ministry of Economy and Finance before 2026-01-02 counted toward the seven-year service requirement, and do the transitional provisions of the Addenda of the Government Organization Act provide for this?

The same institution name is also caught by the five-year post-retirement exclusion requirement in the proviso to subparagraph 2. Is it clear from the text alone how the proviso applies to a person who retired from the former Ministry of Economy and Finance or who moved to the Planning and Budget Office?

Is a legislative explanation not needed as to whether omitting from item (d) service at the Planning and Budget Office, to which the budget function has moved, accords with the purpose of the compliance officer qualification, or whether such service is to be treated as another financial-related institution determined and publicly notified by the Financial Services Commission?

다시 볼 조건

If the original text of the transitional provisions of the Addenda of the Government Organization Act is opened and the treatment of service at the former Ministry of Economy and Finance is confirmed, or if paragraph (1) of Article 26 is amended again, this note will be rewritten.

If the Financial Services Commission changes its public notification of financial-related institutions under item (d), or if the provisions concerning compliance officer qualifications in the Enforcement Decree of this Act are reorganized to align with the government reorganization, the original text will be opened and compared again.