The following item is a Letter of Intent of the government of Korea,
which describes the policies that Korea intends to implement in the context of
its request for financial support from the IMF. The document, which is the
property of Korea, is being made available on the IMF website by agreement
with the member as a service to users of the IMF website. |
Seoul, Korea, November 24, 1999
Mr. Michel Camdessus
Managing Director
International Monetary Fund
Washington, D.C. 20431
Dear Mr. Camdessus:
1. Under the strong and democratic leadership of President Kim Dae-jung, the Korean
economy has staged a remarkable rebound since entering into a stand-by arrangement with the
IMF in December 1997. This dramatic turnaround is evident on a number of fronts: growth has
recovered sharply in 1999, the unemployment rate has fallen, investment is picking up, export
growth is strong, and there has been a significant increase in usable foreign exchange reserves to
more than $68 billion. At the same time, inflation remains subdued. Bolstered by the
strengthening of the external situation, Korea has repurchased funds drawn under the SRF ahead
of schedule, and its sovereign credit rating has been raised to investment grade.
2. The economic recovery has been aided by the progressive lowering of interest rates and
fiscal stimulus. In addition, the efforts made by the government to expand the social safety net
have helped reinforce social stability. Two supplementary budgets have been introduced in 1999,
and the consolidated central government budget deficit is now targeted to be about 4 percent of
GDP in 1999. With the economic recovery now underway, the process of rebalancing
macroeconomic policies is to begin with the 2000 budget that was recently submitted to
Parliament. Next year's budget therefore envisages a reduction in the primary balance of the
consolidated central government by about 1-1½ percent of GDP.
3. Good progress has been made in consolidating and recapitalizing the banking system,
and reforms in the financial sector will increasingly focus on operational improvements. The
government has signed terms of investment with Newbridge Capital for the sale of a majority
stake in Korea First Bank. Efforts are also being made to find an international team,
including a chief executive officer, to take management control of Seoul Bank with a view to
preparing it for privatization. The independence and autonomy of the Financial
Supervisory Commission have been enhanced through revisions to the Government Organization
Act. New loan classification and provisioning guidelines based on forward looking criteria will
be implemented by the end of 1999.
4. Greater emphasis is now being put on reforming nonbank financial institutions. In this
connection, the government recognizes that reform of the investment trust industry is critical. A
comprehensive package of measures is thus being implemented with the aim of putting this
sector on a sound financial footing, strengthening its regulation and supervision, and addressing
its immediate liquidity problems.
5. The government reiterates its strong commitment to the process of corporate
restructuring. The dismantling of the Daewoo group is a major breakthrough in this regard.
Restructuring of the other top-5 chaebol will be accelerated; these corporations will be
required to complete their restructuring in a way that allows them to focus their resources on core
businesses. For the chaebol ranked 6-64, the debt workout framework is being
strengthened with the assistance of the World Bank and a large number of workouts are
underway. The relationship between business and labor is now much more stable. In the public
sector, a number of public enterprises have been privatized or restructured, and many
government bodies have been downsized.
6. Korea's economic policy priorities in the period ahead are to broaden the ongoing
economic recovery and to complete structural reforms so as to lay the foundation for sustainable
economic growth and an enduring reduction in unemployment. To this end, the Bank of Korea
has announced its intention to maintain the current stance of monetary policy for the time being
while remaining vigilant to the possible emergence of inflationary pressures. As noted above, the
process of medium-term fiscal consolidation is set to begin with the budget for 2000.
7. The attached Memorandum on Economic Policies for the Sixth
Review outlines the major policies for the coming months and updates the Memorandum on
Economic Policies of March 11, 1999. The government's corporate restructuring program, which
has been agreed with the World Bank in the context of a proposed Corporate and Financial
Sector Restructuring Loan, is attached to the Memorandum on Economic Policies. During this
review, the IMF and Korea agreed to revise Korea's macroeconomic outlook to reflect the
swifter-than-expected recovery. In addition, both quantitative and structural performance criteria
have been set for the period through May 2000. The Korean government will continue to work in
close collaboration with the Fund.
8. Future reviews under the stand-by arrangement will continue to take place
semi-annually.
/s/
Chol-Hwan Chon
Governor
Bank of Korea
| |
/s/
Kang Bong-Kyun
Minister of Finance and Economy |
Korea: Memorandum on Economic
Policies
Macroeconomic Policies
|
Objectives and outlook
|
Economic policies aim to:
• Support and broaden the ongoing economic recovery;
• further advance financial sector and corporate restructuring in order to
sustain growth and achieve an enduring reduction in unemployment over the medium term;
and
• ensure that the social safety net is adequately mitigating the hardship of
the unemployed.
|
|
• During 1999, GDP growth is expected to
rebound to 8-9 percent, with average inflation of less than 1 percent. The current
account surplus is forecast to be around 6 percent of GDP.
• Macroeconomic projections for 2000 are for GDP growth in the range
of 5-6 percent; inflation to pick up slightly but to remain around 3 percent; and the current
account balance to continue to narrow but remain in surplus.
|
Monetary and exchange rate
policy
|
• Under current circumstances, it is envisaged
that the present low interest rate policy will be maintained for the time being. Looking ahead,
monetary policy may need to be adjusted to address possible inflationary pressures as the degree
of slack in the economy is reduced.
• Exchange rate policy will remain flexible. BOK intervention in the
foreign exchange market will be limited to smoothing operations consistent with a further
build-up in usable reserves.
|
BOK foreign exchange
window
|
• The BOK foreign exchange window was
closed effective May 15, 1998. Of the $3.6 billion in emergency loans outstanding at end-1998,
$2.4 billion was repaid by October 1999. The $1.2 billion balance is outstanding with the bridge
merchant bank.
|
Fiscal policy in 1999
|
In order to support economic activity and provide further safety net assistance,
two supplementary budgets were announced in 1999. The deficit target for 1999 is now around 4
percent of GDP. Revenues (including privatization receipts) are projected to rise to about
23 percent of GDP and expenditures are expected to increase to about 27 percent of
GDP.
• With the March supplementary budget (which included additional
social safety net spending), the fiscal deficit target for 1999 was raised to 5.2 percent of GDP.
• In the wake of stronger-than-expected economic growth and the
resulting higher revenues, as well as higher privatization receipts, the deficit was projected to
decline to about 3½ percent of GDP. A second supplementary budget was approved by the
National Assembly in August and utilizes a portion of the budgetary savings by providing an
income tax cut for salaried workers, greater assistance to lower- and middle-income families, and
extra outlays for flood relief.
• Budgetary capital expenditure was front loaded in the first half of
1999, as envisaged under the program.
|
Social safety net
|
The government will maintain its commitment to providing a social safety net
adequate to protect those most exposed to the effects of the financial crisis. Taking into account
the two supplementary budgets and the strong economic recovery, direct social safety net outlays
are projected to rise to about 2 percent of GDP in 1999.
• Spending on public works in the first half of the year has risen to
W 1.2 trillion, out of a total budget allocation of W 2.7 trillion and has provided
employment for an average of 420,000 people per quarter.
• With the widening of the unemployment insurance system in October
1998 to include firms with less than 5 workers, the coverage of the system has been increased to
70 percent of wage workers. As of June 1999, 82 percent of such firms had
enrolled in the scheme; the government will make efforts to raise enrollment as much as possible
by the end of the year.
• The long-term unemployed are receiving continued assistance from
public works programs, government training schemes, and measures to provide financial
assistance to employers who hire the long-term unemployed.
The government will continue to ensure that funding for temporary livelihood
protection and public works programs is adequate in light of developments in unemployment. It
is expected, however, that starting from the year 2000, it should be possible to move social safety
net spending away from government-financed direct provision of employment and instead put a
greater focus on improving the opportunities for the unemployed.
|
The 2000 budget
|
With the economic recovery under way, the primary focus of fiscal policy in
2000 will shift towards a process of medium-term fiscal consolidation. To this end, the
government has targeted a consolidated central government deficit of 3½ percent of
GDP. This target includes the operations of the civil service pension fund, which from 2000 will
be consolidated with the central government budget in order to improve fiscal coverage. The
implied adjustment of the primary balance in 2000, under comparable definitions for both years,
is about 1-1½ percent of GDP.
Within this budgetary envelope, the government intends to increase civil
service salaries and expand social safety net protection for the very lowest income groups. Some
of the structural measures to reform the tax system that are outlined below will also begin to be
introduced in 2000.
|
Medium-term fiscal program
|
In light of the stronger-than-expected economic recovery in 1999, the timetable
for the government's medium-term fiscal objectives of a balanced fiscal position will be
advanced to 2004 from 2006 in the earlier plan. A revised medium-term fiscal program will be
announced in the context of the 2000 budget and the government will regularly update its
medium-term fiscal plan thereafter.
|
Structural reforms of the tax
system
|
The government recognizes the need to simplify the system of taxation and
enhance tax administration to meet its redistribution and equity objectives. To this end the
government intends to:
• Enhance the equity between self-employed businesses and salaried
workers through a strengthening of tax administration aimed at reducing tax avoidance and
evasion by the self-employed.
• Reduce the scope and number of incentives and preferences in both
direct and indirect taxes.
• Simplify the special VAT regime for small businesses.
• Establish a system to relieve double taxation of dividends in line with
international practice.
• Transform the filing system for capital gains tax to one of
self-assessment.
• Introduce a functional organization structure for the National Tax
Administration.
• Increase public understanding of the tax system by simplifying tax laws
and regulations and providing greater resources for taxpayer informational and advisory
services.
Consistent with these objectives, the 2000 budget contains measures to
simplify the VAT regime for small businesses, streamline the excise taxation system, simplify
the system of exemptions on personal income taxes, rationalize inheritance and gift taxes, and
unify the withholding tax on dividend and interest income in preparation for the introduction of a
comprehensive income tax on dividends and interest income in 2001.
|
|
Beginning in 1997, financial institutions were allowed to deduct from taxable
income the provisioning for loan losses made in accordance with financial regulations. This
deduction was due to expire at the end of 1999. However, a bill for extending the deduction
period through the end of 2000 was submitted to the National Assembly in October. The
authorities are reviewing the possibility of making the deduction permanent.
|
Temporary assistance to credit- constrained
enterprises
|
Through mid-1999, trade financing of $3.3 billion was available on commercial
terms to small- and medium-sized enterprises, and larger enterprises not affiliated with the top
five chaebol, for maturities of up to one year.
• Of the $3 billion for import financing (including $1 billion financed
through the World Bank's SAL, and a further $2 billion provided by the BOK from reserves in
excess of program targets), $2.65 billion has been used. The facility was set up as a means of
temporary assistance to small- and medium-sized enterprises. Given the improvement in market
conditions and credit availability, the facility is no longer necessary and was closed
effective August 23, 1999.
• The temporary facility (amounting to $0.3 billion) to finance BOK
rediscount of export bills for small- and medium-sized enterprises was closed effective August
17, 1999.
|
Privatization
|
The government is proceeding with its plans to privatize 11 state-owned
enterprises and their subsidiaries (which in March 1998 accounted for about 75 percent of
employment in public enterprise and about 60 percent of sales).
• The National Textbook Company, Korea Technology Banking
Corporation, and Namhae Chemical Corporation have been privatized.
• The sale of a 5.8 percent share in POSCO reduced public
ownership to a 20.8 percent share in 1998. Of the latter amount, 8 percent was offered to
overseas investors in July 1999, and the remaining shares will be sold to domestic investors by
end-1999.
• The sale of Korea Heavy Industries (Hanjung) will take place after the
consolidation of the ship engine and power generating machinery industries. Agreements were
reached on November 15, 1999 for the sale of these parts of Samsung and Hyundai to Korea
Heavy Industries. The next stage envisages the invitation of bids for shares in Korea Heavy
Industries before end-1999.
• Korea General Chemicals will be liquidated and assets will be
sold.
• Generation operations will be separated from KEPCO and divided into
several power generation companies. After this, KEPCO will sell a power generation company
and two combined heat and power plants through public auction in the second half of 1999.
• Korea Telecom was publicly listed and a 14½ percent
stake in the company has been sold. The government will reduce its share in the company to
33.4 percent by 2000.
• Full privatization of four other state-owned enterprises (Korea Tobacco
and Ginseng, Korea Gas, Daehan Oil Pipeline, Korea District Heating) will occur in phases over
the next three years. Korea Tobacco and Ginseng was publicly listed and a 18 percent stake in the
company has been sold.
|
Financial Sector
Restructuring1
|
Type of
measure
|
Measure
|
Timing
|
Commercial banks
|
The FSC will continue to monitor the capital ratios, CAMELS, and CAEL
ratings of all commercial banks in order to provide an early indication of
problems.
|
Ongoing
|
|
Banks will be required to increase capital on account of:
(i) Supervisory examinations leading to a reclassification of
assets;
(ii) Any further deterioration in asset quality; and
(iii) The strengthening of supervisory rules and procedures (including the
forthcoming new loan classification guidelines).
|
Ongoing
|
|
All banks will be required to meet at least the minimum capital ratio of 8
percent and encouraged to increase their capital ratios to 10 percent by December
2000.
|
Ongoing
|
|
If the capital adequacy ratio of a bank which had been above 8 percent falls
below that level subsequently, the FSC will invoke the prompt corrective action (PCA)
procedures. Similarly, if the CAMELS or CAEL ratings of a bank becomes 3 or worse, the FSC
will adopt appropriate supervisory actions, including the PCA procedures.
|
Ongoing
|
Government-owned commercial
banks
|
Terms of investment for the sale of a 51 percent stake in Korea First Bank to
Newbridge Capital were agreed on September 17, 1999. The next steps of converting the terms
of investment into a definitive legal agreement and completing the transaction will be done as
soon as possible.
|
Ongoing
|
|
An international firm (Morgan Stanley) has been engaged to find a high caliber
international CEO and management team as soon as possible. Assuming an appropriate CEO and
management team are found, they would take management control of Seoul Bank before the end
of 1999. The international CEO's mandate will include preparing the bank for privatization
within 6 months, including the possibility of finding an international bank willing to be a
strategic partner, and who would be offered an option to buy a controlling share of the bank at a
later date. This timetable for privatization may require setting up a facility to handle Seoul Bank's
problem assets. Concurrently with the efforts to search for an international management team, the
authorities will seek, with the assistance of Morgan Stanley, a new buyer or a strategic partner in
order to privatize Seoul Bank.
|
Ongoing
|
|
The government will announce a strategy for the divestiture of government and
BOK shares in commercial banks.
|
March 31, 2000
|
|
While under government ownership, the banks will be operated on a fully
commercial basis and the government will not be involved in the day-to-day
management.
|
Ongoing
|
Use of public funds for financial sector
restructuring
|
The government will ensure that sufficient public funds are allocated for the
purpose of financial restructuring. Following the reallocation of borrowing authority between
KAMCO (Nonperforming Assets (NPA) Fund) and KDIC, the government will ensure that the
two agencies have adequate resources, including through borrowing, recoveries by KAMCO
(NPA Fund), and the proceeds of prospective sales of government-owned shares in financial
institutions.
|
Ongoing
|
|
The KDIC will review the Deposit Insurance Scheme and prepare a plan to
ensure a smooth transition to limited deposit insurance once the blanket deposit guarantee
expires in December 2000.
|
December 31, 1999
|
|
Public funds should only be used to the extent necessary to facilitate the
liquidation of failed institutions and the restructuring of weak but viable banks. Determination of
viability by the FSC (using outside expertise as necessary) will be a precondition for the use of
public funds. In addition, restructuring which involves the use of public funds should be limited
to:
• private sector recapitalization and mergers approved by the FSC, where
there is adequate burden sharing, which would be expected to involve contributions of capital
from existing or new shareholders, and/or other stakeholders; or
• purchase and assumption (P&A) transactions; or
• direct recapitalization by the government with full write down of
shareholder capital and replacement of management, in exceptional cases and where a bank is of
systemic importance.
|
Ongoing
|
|
Government and KDIC funds can only be used, either to inject capital directly
(including contributions to cover the deficiency in net worth in P&A transactions) or to
purchase impaired assets through KAMCO (NPA Fund).
|
Ongoing
|
|
In order to enhance the incentives for banks to participate fully in the corporate
restructuring process, no public funds, whether by way of KAMCO (NPA Fund) purchases or
capital injections or other means, shall be made available to banks which are not certified by the
FSC to be performing their role in the corporate sector restructuring process. In addition, no
public funds will be made available to any bank that is not in compliance with the timetable on
the reduction of large exposure limits set out below. Exceptions will be made, in consultation
with the Fund, only in emergency cases or when public support is required to complete a merger
or P&A transaction.
|
Ongoing
|
|
• KAMCO's role will be limited to the purchase,
management, and sale of nonperforming assets from commercial banks and other financial
institutions where there is a deposit guarantee. In exceptional cases, asset purchase may be made
from other institutions if failure of these financial institutions poses a systemic risk. Any such
purchases would be made in the context of a comprehensive restructuring plan for the relevant
sector. In order to minimize its borrowing requirement, KAMCO will accelerate the sale of the
NPA Fund's assets.
|
Ongoing
|
|
• Purchases should be at prices that reflect
actual and expected recovery rates as well as funding costs, and at minimal prices for unsecured
loans.
|
Ongoing
|
|
• KAMCO's NPA Fund performance, in
particular as regards asset acquisition and recovery, will be subject to a half- yearly audit in
accordance with the Korean Accounting Standards which were revised on December 11, 1998,
by a firm with international experience in auditing this type of agency and in the valuation of
impaired assets. The results of the reviews and any qualifications will be published. Any losses
identified will be reflected in KAMCO's NPA Fund audited financial statements.
|
Ongoing
|
|
• KAMCO will remedy the deficiencies
identified by external auditors in the 1998 NPA Fund accounts to ensure that the 1999 accounts
are prepared using standards in accordance with the Korean Accounting Standards of December
11, 1998 (which are to be enhanced as described below in the section on disclosure, auditing, and
accounting standards), and result in an unqualified audit.
|
April 30, 2000
|
|
Capital subscriptions by the government, KDIC or any other government
agency involved in financial sector restructuring should be on terms that provide the authorities
with a share in any improvement in profitability and give the authorities powers, e.g., by the
exercise of conversion rights, to take control in the event of a deterioration.
|
Ongoing
|
Merchant banks
|
Merchant banks are required to adopt, with effect from the year beginning
April 1, 1999, the same accounting standards as commercial banks based on IAS and U.S.
GAAP. From June 2000, the loan classification, provisioning rules, and capital adequacy
computation rules used for commercial banks at that time will be introduced, after which
merchant banks will be subject to prudential regulations that are consistent with those for
commercial banks.
|
June 30, 2000
|
|
Merchant banks should maintain ratios of at least 8 percent and will be
encouraged to reach 10 percent by September 30, 2000. However, those merchant banks whose
CAR falls below these targets because of realized losses associated with corporate restructuring
agreements completed by June 30, 1999, will be treated as follows:
• First, those that maintain a CAR above 2 percent, but can reach
the 6 and 8 percent targets when losses on corporate restructuring agreements are deferred
in calculating regulatory capital, will be required to submit a rehabilitation plan, acceptable to the
FSC, to write off these losses in equal quarterly installments over the period ending
March 31, 2002. These banks will be debarred from international business, and subject to
restrictions on asset growth and new business.
• Second, those with negative equity will be subject to closure. This will
involve immediate suspension followed by a diagnostic assessment of their net worth by a
qualified accounting firm to be concluded within two months. If the bank is confirmed to be
insolvent and cannot be recapitalized within 30 days, it will be closed forthwith.
• Third, all those merchant banks which do not fall under the two
previous categories will be subject to PCA.
|
Ongoing
|
Restructuring of investment trust
companies
(ITCs and ITMCs)
|
The FSC will conduct ongoing examinations and reviews of all IT(M)Cs and
the funds they manage. Such reviews will include an assessment of the companies' capacity to
cover losses from Daewoo and other factors.
The FSC will take the action necessary to ensure that IT(M)Cs maintain
adequate capital.
|
Ongoing
|
|
Proposals for the management and return to the private sector of the business of
Korea Investment Trust and Daehan Investment Trust will be prepared. While the government
retains a shareholding, it will ensure that the companies are managed on a sound commercial
basis.
|
June 30, 2000
|
|
As already announced, no investments will be made in funds which are not
marked-to-market.
|
From July 1, 2000
|
|
Money market funds (except for government securities and monetary
stabilization bonds) will limit the remaining maturity of all assets to 12 months and the weighted
average maturity of those assets to 90 days. Furthermore, these funds will limit their portfolio to
securities issued or guaranteed by the government and regulated financial institutions, and other
issues rated as investment grade. No new investment will be permitted in funds that do not meet
the above criteria.
|
January 31, 2000
|
Governance and Supervision of IT(M)Cs
|
IT(M)Cs managing funds in excess of W 2 trillion will be required to appoint
non-executive directors, audit committees, and compliance officers to ensure that managements
act in accordance with their responsibilities to investors.
|
April 1, 2000
|
|
The FSC will further strengthen rules minimizing the potential for conflicts of
interest between IT(M)Cs and related companies.
|
April 1, 2000
|
|
IT(M)Cs will be required to disclose to investors the investment guidelines and
strategies under which specific funds will be managed. IT(M)Cs will also disclose market
valuations of marked-to-market funds under management daily and provide details of
performance upon investors' request.
|
April 1, 2000
|
|
The FSC will encourage independent evaluations of managers' performance to
be made available to investors.
|
April 1, 2000
|
|
External audits of IT(M)Cs' investment funds will be carried out on an annual
basis. Audited accounts will be made available to fund investors.
|
Ongoing (starting April 1, 2000)
|
|
Transactions between funds will be prohibited, except specific transactions
approved by FSC on an exceptional basis.
|
December 31, 1999
|
|
The FSC will penalize trustees which fail to undertake their responsibilities to
require managers' to act solely in accordance with investors' interests.
|
March 31, 2000
|
|
The FSC will ensure that advertising and sales practices are such that investors
appreciate that the risks of investing in IT(M)C managed funds are born solely by
investors.
|
March 31, 2000
|
Restructuring of life insurance companies
|
The FSC is making every effort to complete the resolution of the 7 distressed
life insurance companies up for sale.
|
Ongoing
|
|
All life insurance companies, except those which submitted rehabilitation plans
in 1998, are required to meet the announced EU solvency margin requirement to be phased in
over the period September 1999 to March 2004. The solvency margin will be calculated based on
the new loan provisioning requirement.
|
Ongoing, starting September 1999
|
|
Companies which submitted rehabilitation plans in 1998 are required to meet
the same EU solvency margin requirement by December 2000.
|
December 31, 2000
|
|
Insurance companies which fail to meet the required solvency margin
thresholds will be subject to Prompt Corrective Action.
|
Ongoing
|
|
Insurance companies will be discouraged from selling policies whose assumed
expense ratios are out of line with recent experience by the introduction of minimum standard
reserve and surrender value systems in the context of the deregulation referred to
below.
|
April 1, 2000
|
|
The FSC will undertake a study of reserving and the determination of cash
surrender values with international actuarial consultants, to be completed by end-December,
1999.
|
December 31, 1999
|
|
The FSC will implement complete deregulation of interest rate and loading
ratio controls for all life insurance and long-term non-life insurance products.
|
April 1, 2000
|
Investment guidelines for insurance
companies
|
Insurance companies are allowed to hold no more than 30 percent of their
assets in equities.
|
Ongoing
|
|
Insurance companies will be prohibited from holding more than 15 percent of
their assets in real estate and more than 5 percent in any one property. Companies with single
properties in excess of 5 percent at end-March 2000 may retain such assets, but not
acquire new assets that will raise their holdings in any one property above
5 percent.
|
April 1, 2000
|
|
Review lending by insurance companies to nonpolicy holders with a view to
setting maximum limits on such lending consistent with international best practice and
establishing a timetable for a reduction of the excess over the maximum limits. Implementation
of the phased reduction will begin no later than June 30, 2000, and the FSC will consult with the
IMF on the implementation timetable beyond that date.
|
December 31, 1999 for recommen-
dations from the review, and June 30, 2000 to start implementation.
|
Corporate governance for insurance
companies
|
The FSC will undertake a study of corporate governance for insurance
companies and will subsequently make new regulations to strengthen the roles of actuaries,
auditors and non-executive directors.
|
December 31, 1999
|
|
The FSC will issue minimum guidelines regarding corporate governance,
which will include appointing non executive directors to the board of directors, establishing an
audit committee of which at least two thirds would be non-executive directors to whom internal
and external auditors report, and establishing risk management committees.
|
March 31, 2000
|
1These measures have been formulated in close collaboration
with both the IMF and the World Bank.
|
Prudential Regulations and
Supervision
|
Type of measure
|
Measure
|
Timing
|
Financial transactions between
affiliates
|
The FSC will review all bank and nonbank financial institutions' legislation and
regulation regarding transactions between affiliated companies and their
shareholders.
The underlying principles that will be enshrined in legislation, regulations, and
supervisory practice, will ensure that:
• All lending to shareholders and affiliated companies should be done on
an "arm's length" basis, is a prudent use of the lending institution's resources, is
performing, and can be shown to have been done on market terms and conditions.
• Transactions between proprietary funds and funds managed for
customers will be prohibited, nor should financial institutions pledge such funds as
collateral.
• Any financial transactions between affiliated companies, or between
institutions and their shareholders, should be confined to transactions in assets for which readily
ascertainable market prices exist, and should be done at market prices.
• All related party transactions should be disclosed in audited accounts
and reported to the FSC, to shareholders, and to the beneficial owners of the
funds.
|
December 31, 1999
|
Prudential regulations for commercial, merchant
and specialized and development banks
|
The FSC will continue to update its regulations and procedures to bring them
closer to international best practice as expressed in the Basle Committee's Core
Principles.
|
Ongoing
|
|
The FSC will issue revised guidelines for the classification and provisioning
for loans, guarantees and commitments based on forward looking criteria that fully reflect
capacity to service all obligations and not just past performance.
|
Issued on September 17, 1999 for all institutions except merchant banks
for which revised regulations will be issued by December 31, 1999.
|
|
Financial Supervisory Service (FSS) examiners will ensure banks classify
loans, guarantees and commitments and assign provisions according to the new guidelines on a
trial basis. These guidelines will come into full force effective December 31, 1999 for
commercial, specialized and development banks, and June 30, 2000 for merchant
banks.
|
During the second half of 1999
From April 1, 2000 for merchant banks.
|
|
Audited financial statements will be required to reflect the valuation of assets
according to the new forward looking criteria and the new accounting standards. With respect to
merchant banks this will be achieved in the unaudited accounts for the half year ending
September 2000.
|
December 31, 1999
Except for merchant banks September 2000
|
|
Consistent with forward looking criteria, the FSC will ensure that the
classification and provisioning of assets which are subject to workout arrangements and
restructured assets are done on a prudent basis, reflecting the weaknesses that gave rise to the
need for restructuring or renegotiating, and any doubts that remain about the ability of the
borrower to perform under the agreement.
|
With effect from December 31, 1999 and from September 30, 2000 for
merchant banks
|
|
A bank may opt to defer a part of the increase in provisions consequent on
implementation of the new guidelines. Such a bank would be required to charge at least 50
percent of the additional provisions in the December 31,1999 financial statements, and the
remainder in the December 31, 2000 financial statements. Any bank opting to defer the required
provisioning in this manner would publish the amount of provisions required, but not made, in its
annual financial statements, together with a calculation of what its capital ratio would have been
had full provision been made, and this would be reflected in the external auditors'
report.
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With effect from December 31, 1999, and ending December 31, 2000
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Equity and convertible debt issued in exchange for debt will be valued
conservatively, taking into account any restrictions on sale and marketability.
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Ongoing
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For capital adequacy purposes, assets in all trust accounts with guarantees will
be treated the same way as assets in the bank.
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January 1, 2000
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Restrictive rules will be applied to all trust accounts ensuring segregation for
management as well as accounting purposes.
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January 1, 2000
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Prudential rules for foreign exchange liquidity and
exposures
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Compliance with existing guidelines that require commercial banks to
have:
• Short term assets (less than 3 months) of at least 70 percent of short
term liabilities;
• Long term borrowing (more than 3 years) in excess of 50 percent of
long-term assets. (This guideline applies to merchant banks as well.)
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Ongoing
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Merchant banks to have short-term assets in excess of 70 percent by
end-December 1999.
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December 31, 1999
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Enforce prudential requirements for commercial banks, merchant banks, and
specialized and development banks to:
•Maintain internal liquidity control systems based on a maturity ladder
approach;
•Report maturity mismatches for sight to 7 days; 7 days to 1
month; 1 to 3 months; 3 to 6 months; 6 months to 1 year; and over 1 year.
•Maintain positive mismatches for the first period. From sight to 1
month, any negative mismatch should not exceed 10 percent of total foreign currency
assets;
•Publicly disclose statistics on foreign currency liquidity.
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Ongoing
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The FSC will monitor implementation of internal liquidity controls on a
monthly basis for commercial banks, merchant banks, and specialized and development
banks.
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Ongoing
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Specialized and development
banks
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Issue decrees which will bring into force the recently passed amendments to the
relevant Acts.
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December 31, 1999
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Pursuant to these decrees, issue regulations to update the prudential rules for
specialized and development banks and systems for reporting to the FSC on the same basis as
commercial banks.
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January 31, 2000
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The FSC should enforce corrective measures identified by the FSC's recent
examination of KDB.
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Ongoing from end-May 1999
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Specialized and development banks will publish accounts on a fully
consolidated basis, consistent with accounting standards for commercial banks no later than the
financial year ending December 1999. These accounts should be externally audited by recognized
accounting firms.
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Ongoing
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The FSC will supervise the National Agricultural Cooperatives, National
Fisheries Cooperatives, and National Livestock Cooperatives pending passage of legislation
formally assigning responsibility for their supervision to the FSC.
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Ongoing
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Connected lending
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The limit of 15 percent of total capital for lending to large shareholders
and their affiliates, and other restrictions on connected lending, that apply to commercial banks
will be applied to merchant banks. The excess over the 15 percent limit at end-December 1998
will be progressively reduced by 60 percent by January 1, 2000, and eliminated by January
1, 2001.
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Completed by January 1, 2001
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Large exposures
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For commercial banks, the General Banking Law has been amended to redefine
single borrower and group exposure limits, inter alia to include all off-balance sheet
exposures.
From January 2000, the single borrower limit will be 20 percent and the
group limit will be reduced from 45 percent to 25 percent of total capital, using the new
definition. The exposure to each borrower or group of borrowers in excess of 45 percent
outstanding at end-June 1998 will be eliminated by end-December 1999.
Remaining exposures in excess of the 20 percent and 25 percent
limits at end-December 1999 will be subject to progressive reduction over the following three
years, that is, one third of the excesses will be reduced by end- December 2000, two-thirds of the
excess by end-December 2001 and the remaining excess eliminated by end-December
2002.
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Ongoing
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In addition the authorities will limit the aggregate of exposures (with the new
definition) in excess of 10 percent of total capital to 500 percent of capital by end-March
2000.
• Banks with aggregate large exposures in excess of this limit as of May
24, 1999 will meet interim benchmarks of 700 by end-September 1999, and 600 percent
by end-December 1999.
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For merchant banks:
• The current limit of 100 percent will be reduced to 25 percent as of
end-June 2000. Exposures to borrowers or groups of borrowers in excess of 45 percent at
end-December 1998, will be eliminated by end-June 2000.
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Ongoing
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• Exposures in excess of 25 percent as of
end-June 2000 will be subject to progressive reduction over the following three years, that is one
third of the excess over 25 percent will be reduced by end-June 2001, and two thirds by
end-June 2002, with the excess eliminated by end-June 2003.
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• The aggregate of exposures in excess of
10 percent of total capital will be limited to 600 percent of total capital by end-December
1999 and to 500 percent of total capital by end-June 2000.
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For specialized and development banks the same single borrower, group
exposure and aggregate large exposure rules as for commercial banks will apply, with the
following provisos:
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Ongoing
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• For Korea Development Bank, no new single
and group exposures in excess of 25 percent will be incurred after end-March 1999.
Exposures in excess of 25 percent of capital outstanding at the end of March 1999 will be
reduced by at least 15 percent in each year and will be eliminated by end-December 2004. In
addition, KDB will reduce the aggregate of exposures in excess of 10 percent of capital to 600
percent by end-December 1999 and to 500 percent of capital by end- 2000;
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• For the Export-Import Bank of Korea, the rule
applying to commercial banks will apply taking account of the specific characteristics of that
bank, whereby the concentration of risk is reduced by the reliance on independent security, such
as receivables or guarantees from third parties duly taking into account conservatively assessed
value of such security.
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The aggregate excess exposure of each commercial, merchant, and specialized
and development bank will be published quarterly as from end-June 1999.
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Done on September 1, 1999 and will be continued quarterly.
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Cross guarantees
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The FSC has established internal interim bench-marks to monitor progress
toward the elimination of cross guarantees covered by the provisions in Article 10(3) of the Fair
Trade Act by end-March 2000. As a part of the efforts to eliminate cross-guarantees, the top five
chaebol have eliminated all inter sub-industry group cross-guarantees. The remaining
cross-guarantees within sub-industry groups will be eliminated by March 2000.
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Completed by March 31, 2000
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Disclosure, auditing, and accounting
standards
|
The MOFE, the FSC and KICPA and the relevant regulatory bodies should
continue to improve disclosure, auditing, and accounting standards:
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• accounting standards will be enhanced further
through the issuance of regulations on Troubled Debt Restructuring, which are consistent with
US GAAP (FAS 15 and 114) effective by September 30, 1999. Further steps
involve:
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Done on September 14, 1999
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• reporting requirements for banks will continue
to be improved, in order to strengthen the ability of supervisors to be forewarned of potential
problems. In particular, losses incurred by banks including in debt restructuring must be
recognized at the time of restructuring.
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Ongoing
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Public guarantee funds
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At least 20 percent of the new guarantees, including rollovers, issued by Korea
Credit Guarantee Fund and Korea Technology Guarantee Fund will cover only
80-90 percent of the value of guaranteed obligations depending on the credit rating
of the firm. This trend toward providing only partial guarantees will continue such that by
end-2000 all new guarantees issued will cover only 60-90 percent of the value of
guaranteed obligations.
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Ongoing
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Trade and Capital Account
Liberalization
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Type of
measure
|
Measure
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Timing
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Foreign exchange
liberalization
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A revised foreign exchange law came into effect on April 1, 1999, at
which time a first stage of liberalization measures was implemented. The second stage will
involve the liberalization of capital account transactions that remained restricted after the first
phase, and will be subject to the overall economic situation and progress made in strengthening
the domestic financial system and the regulatory regime.
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Planned for end-2000
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Transparency, Monitoring,
and Data Reporting
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Type of
measure
|
Measure
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Timing
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Fiscal data
|
The timeliness of the reporting of fiscal data is being improved through the
introduction of a computerized reporting system. Starting with data for July 1999, monthly data
on revenue, expenditure and financing of the consolidated central government have been made
available publicly with no more than a 4 week lag.
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Ongoing
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Fiscal transparency
|
In the interest of improving budget management and increasing the
transparency of fiscal accounts, the government plans to introduce tax expenditure reporting as
part of the budgetary process and to consolidate the number of special funds that are currently
outside the scope of the budget.
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End-1999
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Financial sector
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Details of all public support for financial sector restructuring, including by
KAMCO and KDIC, are being made available publicly on a regular basis.
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Ongoing
|
|
The FSC will provide to the Fund all the relevant information, including the
results of diagnostic reviews and information on MOUs, as necessary for monitoring the
restructuring of the financial system.
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Ongoing
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External debt
|
Data on external liabilities are being published regularly, and the external debt
reporting system to enhance debt management and monitoring will continue to be
improved.
|
Ongoing
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A set of external vulnerability indicators is being developed as an "early
warning system."
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Ongoing
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Regulations to ensure compliance with reporting on external liabilities of the
corporate sector have been put in place as part of the Foreign Exchange Law of April 1,
1999.
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Ongoing
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Foreign reserves
|
Data on usable reserves of the BOK are being published twice monthly (for
15th and the last day of each month) within five business days. Data on net
forward position of the BOK is being published monthly. All of these data have been placed on
the BOK web site.
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Ongoing
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