This year, Financial Services Commission(FSC) announced its plan for the introduction of
Internet-primary banks to revitalize the fintech industry. This try is the third time to adopt
the internet primary bank. The government failed to introduce an Internet-primary bank in
2002 and 2008. According to the plan, an Internet-primary bank’s minimum required capital
is 50 billion won, half of that of a general commercial bank. In addition, an industrial capital
company is allowed to own up to 50 percent of an Internet-primary bank, not 30 percent as
previously planned in 2008. Also, it excluded conglomerates, which are subject to
cross-shareholding restrictions according to the Fair Trade Act. According to this policy plan,
ICT companies including platform companies and e-commerce firms can have easier access to
the web only bank. Now, legislator's proposals for it is submitted to National Assembly to pass
the Bank Act amendment. Because Bank Act stipulates that an industrial capital cannot own
more than 4 percent of a bank.
Also, according to the government's plan, there is no limit of business scope. So
internet-primary banks’ scope of business can cover business loans, credit cards, bancassurance,
derivatives brokerage, bill acceptance, and many more. In addition, not Basel III but Basel I
is applied to internet primary bank during the early stage of establishment for less prudential
regulation
Now FSC takes the two track approach to grant the authorization for the internet primary
bank. It grants the first approval to consortia of financial and fintech companies, which have
nothing to do with the revision of the Bank Act. After the amendment of Banking Act in next
year, FSC has plan to grant authorization to more applicants. According to the preliminary approval evaluation manual and criteria, FCS discloses to evaluate unique business models,
contribution to the development of the industry, and the likelihood of overseas businesses to
grant the authorization
In theory, the internet primary bank model offers advantages for both banks and their
customers. The central advantage stems from the savings associated with not having to operate
branches. Customers benefit from the fact that these banks can use some of their overhead
cost savings to pay higher interest rates. However, it is not sure to guarantee in practice.
Most of all, government's plan should be considered from the perspective of financial
consumer's interest. That is because simplicity and security are crucial for online banking.
If complicated products are offered, they are needed to explain to the financial consumers
more easily. In addition, strong deposit insurance should be offered. Web only banking is
susceptible to risks in the form of fraud, theft(including farming) etc. According to it, the bank
shall establish and maintain a comprehensive information security program which must be
properly implemented and strictly enforced. In addition, it should be mandate to receive
external audit for information security and internal control. Most of all, the bank shall ensure
that internal control are in place to review the financial consumer's complaint and that an
investigation is initiated immediately as required. As aboves, this paper touched the legal issues
associated with an adopted internet primary bank with helicopter view.