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The focal point of post-crisis financial development is Korea's continued liberalization and restructuring processes. Notably, major creditor institutions have taken the leading role in implementing corporate restructuring policies. It is important to review the results of financial and corporate restructuring in a different context than that of macro comparison.

The primary goal of financial restructuring was to engineer a well-developed financial intermediation for sustainable economic growth. Reform in the financial sector was mainly conducted to dispose of bad loans that hindered efficient financial intermediation and hurt market confidence. Specifically, the post-crisis financial development can be summed up as deregulation and liberalization, globalization, strengthened prudential regulation and banking supervision, and the pruning of non-viable institutions.

Until the financial crisis, customers as well as shareholders of financial institutions did not exactly know how much trouble they were in, and international standards were not applied to determine ailing banks. Nowadays, many transparent standards have been established. Some of the solutions are to induce banks or non-bank institutions to engage in M&As; or to increase their capital adequacy.

The recent trends of universalism of financial boundaries, such as the integration of the security business, banking business, and insurance business, and the lack of prudential regulation, were some of the crucial causes of the 1997 financial crisis.

Full-scale liberalization at the time was not limited to the banking business, but totally opened the entry barriers. The market was open, but prudential regulation and banking supervision provisions were not well prepared. Due to the lack of sufficient supervision, banks experienced moral hazards and borrowed short-term money from international creditor banks (loans with a maturity of 3 to 6 months), and subsequently made long-term loans to Korean firms. For example, Korea First Bank borrowed money from Citibank (maturity of 6 months) and lent the money to conglomerates as a 10-year project loan. Here was a clear example of a typical maturity mismatch.

Korea's unique banking governance specifies the upper limit of shares acquirable for ownership of a bank at 4 percent of the total shares, but no limits for foreign investors. Financial boundaries can be divided into three types: traditional banking business, securities business, and insurance business. But even still, there are many hybrid bank functions like the deposits taking by non-bank institutions.

Finally, in the past, the Bank of Korea (central bank) was in charge of banking supervision. But now the FSC (Financial Supervisory Commission), an independent organization separate from the Ministry of Finance and from the central bank, has taken over the task.


Chronology of the Korean Financial Restructuring

The First Round of Financial Restructuring

The first round financial restructuring focused on easing the capital crunch in the corporate sector and restoring the functional system in response to the economic crisis. Upon facing the danger of systemic collapse, the Korean government had to mobilize a large amount of public funds to first stabilize and then to rehabilitate the system. Instead of concealing the problems, the government realistically recognized the losses of loans extended to the corporate sector with assistance from the IMF, World Bank and international accounting firms.

In April 1998, the Korean government established the financial restructuring plan with the aim to stabilize the financial system and to increase the soundness and efficiency of the financial institutions. One of the main pillars of financial restructuring was to support viable financial institutions by cleaning up their bad loans and carrying out recapitalization. Another goal was to exit non-viable financial institutions from the market as promptly as possible. Delays in cleaning up only contributed to jittery market trends. Resolving insolvent financial institutions was the main target of restructuring during this period.

Under the restructuring framework, internationally recognized accounting firms were commissioned to perform diagnostic reviews on financial institutions to evaluate their viability. Based on the reviews, non-viable financial institutions were liquidated and viable ones were provided with support to undergo a prompt normalization process. Consequently, the government shut down five commercial banks, whose assets were subsequently transferred to other healthy ones via presumption and acquisition. After the initial stage of the reform, financial institutions made self-rescue efforts to regain their soundness and strengthen their businesses. They sought to merge with other banks, attracted foreign capital, downsized manpower, and issued new stock to increase their equity capital.

For normalizing the system, the government's aggregate fiscal support has been around 109.6 trillion won (US$87 billion). Approved by the Korean National Assembly in 1998, most of these funds came through bond issuances by two entities: the Korea Asset Management Corporation, or KAMCO (which is the U.S. equivalent of the Resolution Trust Corporation or RTC) and the Korea Deposit Insurance Corporation (KDIC).

Of the first fiscal support package of 64 trillion won (US$50 billion), 20.5 trillion won (US$16 billion) was expended by KAMCO to purchase non-performing loans, and 43.5 trillion won (US$34.5 billion) by KDIC for recapitalizing and paying off guaranteed deposits. KAMCO recycled 18.4 trillion won (US$14.7 billion) of its assets in the years 1999 and 2000 combined. Aside from that, other resources, as much as 27 trillion won (US$20.7 billion), were procured and used by issuing government bonds and selling state-owned property shares. Owing to some legal constraints, however, these additional funds were used mostly for recapitalizing such public entities as specialized banks, including the Korea Development Bank and the nationalized Seoul Bank and Korea First Bank.

Korea's progress has been quite dramatic in view of the changes made with the financial institutions. With the injection of public funds, a substantial amount of bank assets have now been managed by nationalized banks. While the worst performing five banks were liquidated, the government demonstrated its commitment to opening the market to foreigners through the sale of Korea First Bank to the American company, Newbridge Capital in 1999.

Throughout the entire restructuring process, the principle underlying the government's support has been the pledge of self-rescue efforts by the financial institutions. This pledge bound financial institutions to make their utmost efforts on loss sharing and downsizing, the implementation of which has been closely monitored by the Financial Supervisory Commission.

The banks' cost saving efforts can be affirmed by the industry-wide 35.6 percent reduction in the number of employees during a single year after the crisis, and the closure of 1,200 branch offices. As a result, bank assets per employee have sharply increased by almost 50 percent over the past three years. Banks' profitability has not returned to a normal level and their cost-saving efforts helped them normalize their operations, in addition to the continuing write-offs for non-performing loans and recapitalization. Operating profits before provisioning have sharply increased. The average BIS (Bank for International Settlements)-set capital adequacy ratio of the banking sector went up to 10 percent in two years.

There was a substantial increase in foreign investment in the healthy commercial banks. For the non-bank financial institutions, restructuring has also been making substantial progress at the initiative of their large shareholders and the government's urging for rehabilitation. Thus far, many insolvent institutions have been closed or acquired by healthier ones.

The Financial Supervisory Commission gave similar treatment to the restructuring of non-bank financial institutions. Insolvent merchant banks were closed and incorporated into a bridge merchant bank. Self-rehabilitation measures were implemented under the initiative of major shareholders with the Financial Supervisory Commission closely monitoring the progress. The institutions whose self-rehabilitation measures proved inadequate were subject to either corrective actions or closure. As of March 2002, 470 non-bank financial institutions had their licenses revoked or were suspended.

By October 1998, the government focused on "hardware" restructuring, such as the disposal of bad loans and recapitalization. Since October 1998, it moved its focus to improving the so-called "software" elements, such as corporate governance and credit risk management.

In retrospect, Korea's successful financial restructuring was due to the financial authorities' decisive action of taking over the fragile banking system, making bailout payments and incurring a huge fiscal cost up-front.


The Second Round of Financial Restructuring

Korea's financial system was hit hard once again in 1999 following the collapse of the Daewoo business group, one of the top chaebols. Fund flows had been seriously skewed, as the liquidity within the capital markets dried up and a significant amount of cash was withdrawn from the investment trust companies. Such fund flows in turn imperiled corporations that had come to depend on the issuance of debentures.

Notwithstanding, private market participants were not capable of resolving these problems, which made the funding of additional public money inevitable. FLC criterion had been strict on banks' bad assets, resulting in the need for more infusion of public money. In order to raise 40 trillion won (US$32 billion) of additional funds, the Korean government obtained approval from the National Assembly in December 2000, when the second round of financial sector restructuring was launched.

These funds were used to: 1) recapitalize ailing banks to improve their BIS ratios; 2) shore up capital of Seoul Guaranty Corporation to honor guarantees for Daewoo Group and non-Daewoo workout companies; and 3) inject capital to meet any shortfall for the additional sales of non-performing loans.

On the basis of the first round of financial restructuring, the second round was launched in September 2000. The goals behind the second round included establishing a government assisted bank holding company and improving international competitiveness. In fact, it is noteworthy that in the second round, the government not only cleaned up banks' balance sheets but also accomplished bank consolidation. Potentially undercapitalized banks (Chohung Bank, Hanvit Bank, KEB, Seoul Bank, etc.) presented their rehabilitation plans to the government authorities. These plans were scrutinized by the Bank Management Evaluation Committee. The banks deemed to be viable (KEB, Chohung Bank) were allowed to implement their own normalization plans. Other severely undercapitalized banks (Hanvit Bank, Peace Bank, Kwangju Bank, Kyungnam Bank) were recapitalized with public funds and were put under the control of a financial holding company as subsidiaries. In addition, Kookmin Bank and Housing and Commercial Bank, were merged. Follow up mergers are expected among the other remaining commercial banks, which will bring about a new landscape in the banking business sector.


Structure of Banking Industry

Financial institutions in Korea may be divided into three categories by function: the central bank, or the Bank of Korea; banking institutions including both commercial and specialized; and non-bank financial institutions including the non-bank deposit-taking institutions, insurance, securities companies and others. The foundations of the modern financial system in Korea were laid in the early 1950s, when the central and commercial banking systems were realigned under the new institutional bases of the Bank of Korea Act and the General Banking Act.

Commercial banks mean the financial institutions established pursuant to the General Banking Act, which focuses on the deposit-taking, lending and the payment settlement businesses. Traditionally, commercial banks have played a key role in Korea's financial system. In 1998, for instance, commercial and specialized banks channeled 60.1 percent of all funds used by individual sectors and 28.3 percent of all funding sources for the corporate sector, respectively. Commercial banks include nationwide commercial banks, regional banks, and foreign bank branches.

Specialized banks were established mostly during the 1960s under individual acts to supplement commercial banks in areas where they could not supply enough funds due to limitations in funding, profitability, and expertise. They were also created to support special sectors that were given priority in Korea's series of economic development plans. With subsequent changes in the financial environment, however, specialized banks expanded their scope of business into commercial banking areas although their share of fund allocations to the relevant sectors was still relatively high. In raising funds, specialized banks depended mainly on public funds and on the issuance of debentures, although they had to compete with commercial banks for deposits. There are five specialized banks: the Korea Development Bank, the Export-Import Bank of Korea, the Industrial Bank of Korea, the Credit and Banking Sectors of the National Agricultural Cooperative Federation, and the Credit and Banking Sectors of the National Federation of Fisheries Cooperatives in operation.

Most non-bank financial institutions were introduced during the 1970s in order to diversify financing sources, to promote the development of the money market, and to attract funds into the organized market. From the early 1980s, several commercial banks and non-bank financial institutions were added as part of a series of broad measures to spur financial liberalization and internationalization. This coincided with a shift from a government-orientated stance on economic policy towards a market-orientated stance.


Financial Supervision and Deposit Insurance

Financial Supervision

The growing convergence of financial services and the blurring distinction between financial sectors created a growing need for a single regulator to oversee the full range of financial businesses in order to enhance cooperation between financial supervisors and to eliminate supervisory gray areas. Industry-specific supervisory organizations, each with its own approach and administration, hindered efficient regulatory cooperation and the establishment of consistent supervisory policies. This recognition emphasized the need for a single, consolidated supervisory body to conduct proper supervision and regulation of the financial industry.

The road to an integrated supervisory system began with the launching of the Presidential Committee on Financial Reform in early 1997. After a detailed review of the financial sector, the Committee recommended a sweeping series of reforms for the Bank of Korea and for the nation's financial supervisory structure as a whole. At the Committee's recommendation, the government drew up a plan to consolidate under one roof the four existing financial supervisory authorities: the Office of Bank Supervision (OBS), the Securities Supervisory Board (SSB), the Insurance Supervisory Board (ISB), and the Non-bank Supervisory Authority (NSA). Draft bills for the financial sector, including the Act on the Establishment of Financial Supervisory Organizations, were submitted in August 1997 and passed by the National Assembly in December 1997.

On April 1, 1998, the Financial Supervisory Commission (FSC) was established as the nation's supreme and integrated financial supervisor. More importantly, as the FSC has driven initiatives to reform financial institutions and business groups (i.e. chaebols) as agreed upon by international organizations including the IMF and the Korean government, it has overseen and facilitated financial and corporate sector restructuring, thereby building a fundamentally sounder infrastructure for the national economy.

In addition, the Securities & Exchange Commission, which had formerly regulated the securities market in Korea, was dissolved and the Securities & Futures Commission (SFC) was established within the FSC to oversee the securities and futures markets. The Insurance Supervisory Commission, which had formerly regulated the insurance market, was also dissolved.

On January 1, 1999, the four supervisory bodies, the OBS, SSB, ISB and NSA, were consolidated into a single body, the Financial Supervisory Service (FSS), which carries out its duties under the supervision of the FSC. The result was a fully integrated financial regulatory and supervisory system that serves to secure the transparency and international standing of Korea's financial institutions.


Deposit Insurance System

Prior to June 1996, Korea lacked an explicit deposit system for banks. Instead, there existed an implicit, or unofficial, government guarantee on bank deposits. As for financial institutions other than banks, each sector had its own method of depositor protection, usually in the form of a fund.

Taking into consideration the grave repercussions that can result from the bankruptcy of a bank, the government took on the role of implicitly protecting depositors in case of any bank failure. The protection of non-bank financial institutions existed according to each sector and, in the event of a failure or insolvency, the government intervened to resolve the problem and protect depositors.

The Depositor Protection Act was enacted in December 1995 and the Korea Deposit Insurance Corporation was established in June 1996 to protect depositors in banks and to maintain public confidence in the financial system. The KDIC embarked upon the task of deposit insurance for banks in January 1997, while the separate funds for each respective non-bank financial institution remained in place. The Depositor Protection Act was revised in April 1998 to unify the formerly separate deposit insurance agencies under the KDIC. Thus, deposits to be protected now included not only those of banks, but also deposits held in securities companies, insurance companies, merchant banking corporations (MBC), mutual savings & finance companies (MSFC), and credit unions.

The partial deposit insurance system, which covers deposits up to 50 million won (US$40,000) at the maximum, replaced the blanket insurance system at the beginning of 2001. Now, deposits are guaranteed only up to 50 million won (US$40,000). The insurance premium for any bank is fixed at 0.1 percent of guaranteed bank's deposit. The insurance premium for securities firms and insurance companies is 0.2 percent, and that for credit unions and mutual savings and financing companies is 0.3 percent. The government originally planned to introduce a differentiated premium system based on the financial health of guaranteed institutions at the beginning of 2001 in accordance with the implementation of a partial deposit insurance system but delayed the new measure indefinitely due to its possible impact on financial institutions.



Resolution of Failed Banks

Past experience shows that there are four options for dealing with a large troubled bank: (1) it can be merged with another large Korean bank (merger); (2) it can continue to go forward on its own in the hope that improved management practices and external capital injections will enable it to attain a satisfactory condition (stand-alone with government assistance); (3) it can be turned into a sound bank possibly given some form of purchase option (P&A;); or (4) it can be sold to an investor group or foreign bank that will recapitalize it in connection with a transaction whereby the government provides satisfactory asset protection (sell-off to foreign investors). The second option of stand-alone was initially ruled out because it would not be accompanied by necessary self-rescuing efforts, including the substantial reduction of staff and branches. The other three options were actually used for dealing with failing banks.

The FSC gave warnings and prompt corrective actions to the 12 banks that did not meet the BIS capital ratio of 8 percent by February 28, 1998. The FSC demanded submission of improvement plans to meet the BIS capital ratio of 8 percent by April 30, 1998. The improvement plans were examined by the Bank Management Evaluation Committee which consisted of outside experts. Based on the Committee's assessment, the FSC classified them into two categories: "disapproved" and "conditionally approved." Five banks whose rehabilitation plans were rejected by the FSC were "disapproved," and seven banks were "conditionally approved" and ordered to fulfill the corrective actions imposed by the FSC.


Purchase & Assumption Transactions

The five banks with a low possibility for improvement were ordered to be closed down. They were liquidated through purchases and assumptions (P&A;) in June 1998 and their assets were transferred to acquiring banks selected on the basis of financial soundness (BIS ratio of 10 percent or higher), long-term business strategies, and comparative advantages.

The P&A; transaction structure of the five banks is illustrated in the graph. Sound financial institutions took over the performing assets and liabilities of the insolvent financial institutions, and KAMCO purchased the NPLs by the government's administrative action. KDIC insured the liability in excess of the asset amount. Before signing the P&A; agreement, the FSC selected five banks to take over the assets and liabilities of five insolvent banks considering their financial performance and comparative advantage. The plans were scheduled in cooperation with the five banks. Because of the time limit, the plan was decided only on the resolution of the board of directors.

With the resolution of the board of directors, P&A; agreements were signed between the purchasing banks and the five insolvent banks. In order to prevent the insolvency of the five banks taking over the assets, the NPLs were transferred to KAMCO. KDIC insured the liability in excess of the asset amount. The NPLs that the purchasing banks were not responsible for were repurchased by KAMCO and the losses were insured by KDIC.

Following the contract transfer decision, a Steering Committee, comprising of the members from the KDIC, related banks, accounting firms, and the FSC laid down the criteria for the due diligence performed by the accounting firm. Taking the due diligence into consideration, the KDIC made a 5.78 trillion won (US$4.6 billion) contribution to the five merged banks in September 1998. There was also a put back option if additional losses on assets were to occur during a certain time frame following the merger. Furthermore, to account for the lowered BIS capital adequacy ratios arising from the assumption of the exit-ordered banks' assets, and to raise the BIS ratio to levels at the end of June prior to the mergers, the KDIC made equity participation totaling 1.19 trillion won (US$0.9 billion) in December 1998.

The close-outs of the five insolvent banks in June 1998 was a landmark in the financial industry's history. The liquidation of the insolvent banks contributed to preventing moral hazards for the bank management and establishing the principle of self responsibility. It also resolved financial stringency and contributed to the recovery of international credibility. Inducing a voluntary merger of financial institutions, these exits made the foundations for corporate restructuring.

However, there were conflicts of interests between the signing parties. A number of conflicts extended to legal confrontations.


Government-Assisted Mergers

The seven viable banks dubbed "conditionally approved" by the FSC were the Commercial Bank of Korea, Hanil Bank, Korea Exchange Bank, Chohung Bank, Peace Bank, Chungbuk Bank, and Kangwon Bank. They took corrective actions imposed by the FSC to further improve their capital adequacy ratios.

In September 1998, the Commercial Bank of Korea and Hanil Bank were ordered to reduce their capital stock according to the prompt corrective action put forward by the FSC, sought rehabilitation through merger and were recognized as failing financial institutions. The order gave birth in early 1999 to the largest commercial bank: Hanvit Bank. In addition, Cho Hung Bank, Kangwon Bank, and Hyundai Merchant Banking Corporation announced the merger by the end of March 1999. Chungbuk Bank was also ordered to merge with the aforementioned three financially institutions at the beginning of February 1999. These transactions were financial supported by the government to enhance the merged banks' capital adequacy ratios up to 10 percent. The KDIC made a capital investment of 1.63 trillion won (US$1.3 billion).

Among the banks that made the 8 percent BIS capital ratio by the end of 1997, Kookmin and Credit Bank, and Hana and Boram Bank respectively signed voluntary merger agreements and were officially merged by January of 1999. In order to prevent the new financial institutions established by merger from becoming super-sized insolvent banks, the support from the government in ways of purchasing NPLs or recapitalization was inevitable. For instance, Hana Bank's merger with Boram bank was met with a capital investment of 329 billion won (US$2.53 billion) by the KDIC to be used to prevent the deterioration of the merged bank's capital adequacy level.


Sell-off to Foreign Investors

Korea First Bank and Seoul Bank, which showed problems with their financial structure even before the currency crisis, decided to reduce their capital in January 1998. The government decided to sell-off Korea First Bank and Seoul Bank to foreign investors after injecting public funds.

In December 1998, Korea First Bank and Newbridge Capital signed a memorandum of understanding. After a long debate, the contract investment was signed in September 1999. As of January 2000, Newbridge Capital took over Korea First Bank and established a new board of directors.

The sell-off to foreign investors had to be designed in a way to minimize side effects. Two alternatives were under consideration. First, the government could insure the value of the securities, or carrying costs of the NPLs. Second, seniority could be given to funds financing workout corporations. The first method of using the put-back option was selected for Korea First Bank.


(Table 1)
Changes in the Financial Sector
(1) Market opening Financial markets Stock market access Jan. 92 5% to 15%
Dec. 97 55%
Mar. 98 100%
Bond market access Jul. 94 Partially allowed
Dec. 97 Free entry
Money market access Feb. 98 Partially allowed
May 98 Almost free access
(2) Free entry Financial business - Freedom to open branch offices and induct capital
- Free establishment of financial firms
- Freer movement of capital, labor, and software
- Strict checking on track records outside Korea: prudential soundness
(3) International rules, standard, and practices


(Table 2)
Financial Institution Restructuring
(Nov. 1997 ~ Oct. 2002, unit: %, number)
Financial
Sector
Number of
Institutions
(a)
Restructuring Number of Institutions (00.7)
Cancellation M&A; Break up & disposal Sub-total (b/a)
Bank 33 5 9 N/A 14 42.4 20
Non-bank 2,068 121 150 361 632 30.6 1,498
Merchant bank 30 18 6 4 28 93.3 3
Securities 36 5 3 1 9 25.0 44
Insurance 50 7 6 2 15 30.0 46
Investment trust 30 6 1 N/A 7 23.3 31
Mutual savings 231 74 27 26 127 55.0 116
Credit Unions 1,666 2 105 328 435 26.1 1,240
Lease 25 9 2 N/A 11 44.0 18
Total 2,101 126 159 361 646 30.7 1,518
Source: Public Fund Oversight Committee

(Table 3)
Major Changes in Financial System and Practices
Financial Supervision System Advanced
  • Financial Supervisory Commission established (Apr. 1998),
    Financial Supervisory Service combined (Jan. 1999)
  • Monetary policy system decentralized (Ministry of Finance and Economy
  • Financial Supervisory Commission, Bank of Korea etc.)
  • Laws about structural improvement of financial industry enacted (Sept. 1998)
  • International standards introduced for asset soundness classification (FLC) (Dec. 1999)
  • Timely readjustment management system improved (June 1998)
Financial Institution Transparency Improved
  • Compulsory outsider director system introduced (Jan. 2000)
  • Accounting of financial institution and disclosure system strengthened
  • Autonomy of bank management established
    - Credit decision by the independent loan committee
    - Even in the banks in which the government is a major shareholder,
    outside intervention should not be allowed
Ordinary Times Restructuring System Built
  • Full amount deposit guarantee system converted to partial amount guarantee system (starting Jan. 2001)
    - In case of financial institution bankruptcy, depositors are guaranteed up to 50 million won per person.
  • Bond current value appraisal system introduced
  • Corporate restructuring, pre-packaged bankruptcy, market friendly corporate restructuring means introduced
  • Workout system based on voluntary agreement of financial institutions implemented
  • Role of autonomy regulatory agency improved
Financial Market Infra Improved
  • Improved development plan for medium and long-term bond market
  • Financial instrument diversified (mutual fund, asset backed securities, REITs etc.)
  • Derivative product market activated- Korea Futures Exchange established (Apr. 1999)
  • Electronic finance and Internet banking infrastructure improved


(Table 4)
Financial Institutions in Korea
(As of September 2002)
Financial Institutions Number
Banks Commercial Banks Nationwide Banks
Regional Banks
Foreign Banks Branches
9
6
41
Specialized Banks 5
Non-Bank Deposit-taking Institutions Mutual Savings and Finance Companies
Merchant Banking Corporations
Credit Unions
149
3
1,242
Insurance Companies Non-life Insurance Companies Property and Liability Insurance Companies
Reinsurance Companies
Guarantee Insurance Company
18

4
1
Life Insurance Companies 22
Securities-related Institutions Securities Companies
Investment Trust Management Companies
Asset Management Companies
Investment Advisory Companies
Securities Finance Company
Futures Companies
61
31
61
130
1
14
Others Credit-specialized Companies
Money Brokerage Companies
53
2
Special Purpose Vehicles Special Purpose Companies
Mortgage-Backed Securities Company
175

1
Source: Bank of Korea [Monetary Bulletin], Various Issues
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