자본시장과 금융투자업에 관한 법률상 부동산금융관련규제

자본시장법상 부동산금융 관련 규제의 내용과 개선점을 검토한다.

This Article examines Real Estate Financing Regulation under the Capital Market and Financial Business Act(CMFB Act) that has been effective on Feb. 4th of 2009. Korea Introduced several Acts in the field of Real Estate Financing Regulation: Asset-Backed Securitization Act in 1998, Special Purpose Companies for Mortgage-Backed Bonds Act in 1999, etc. It is necessary to improve understanding on real estate financing regulation of investor for investor protection. Also, it will be helpful for real estate owner or companies that need financing by securitization.

At the time of enactment of CMFB Act, the Korean government should have emerged all real estate financing related Acts into the CMFB Act. However, it was the second best to harmonize different regulations in those Acts. Real estate financing regulations under the CMFB Act are mostly related to the asset management regulations. For improving invest needs of professional investor deregulation is required. Further, the size of authorization unit for professional investor should be raised up. More disclosure of corporate and financial products information is also required for investor protection and well-informed investing environments