In taking enforcement actions against officers and employees of financial institutions, it is
essential to procure the "fairness, reliability and transparency" in the process, in order to fully
protect the rights of such officers and employees. In this connection, however, it is assessed
that Korea lacks such principles. In Korea, the procedures for enforcement actions are currently
prescribed in the supervision regulation level enacted by a regulator itself, rather than the law
level. Further, the system and procedures for hearings in the process are not well established
and operated.
In contrast, the United States of America is operating the advanced and well-organized
system in terms of protecting the rights of officers and employees. The procedures and
standards for enforcement actions are provided in the law level, or the Federal Deposit
Insurance Act. Hearings, where an 'administrative law judge,' ("ALJ"), a legal expert being
independent from the head of a regulator, is presiding, are permitted, if they are requested.
The ALJ has authority to rule on offers of proof or receive relevant evidences, and to take
depositions or have depositions taken. The ALJ then submits a recommended or initial decision
to the regulatory agency, which then becomes the decision of the agency without further
proceedings, unless there is an appeal to, or review on motion of, the agency within time
provided by the rules. The settlement system is also operated so that the ALJ arranges for
holding conferences for the settlement.
Based on the review of the U. S. system, this article suggests the following: first, the new
law regarding enforcement actions should be immediately enacted; second, hearings should be
applied to all cases for taking enforcement actions, and an independent administrative law
judge should preside over the hearings; and third, the settlement system needs to be
introduced.