On April 29, 2025, the Financial Services Commission (the “FSC”) announced the commencement of the notice and comment period for proposed amendments to the Enforcement Decree and Supervisory Regulations of the Insurance Business Act, aimed at strengthening capital regulations.
At the Seventh Insurance Reform Conference held on March 11, 2025, the FSC announced its plans to enhance capital regulations in the insurance industry. Subsequently, proposed amendments to the Enforcement Decree and Supervisory Regulations of the Insurance Business Act (the “Proposed Amendments”) were announced, and the public comment period was opened to solicit feedback.
The key details of the Proposed Amendments are as follows.
1. |
Rationalization of K-ICS Regulatory Standards, Including Early Redemption Requirements for Subordinated Bonds |
(1) |
Early Redemption of Subordinated Bonds: Previously, insurers were subject to certain requirements* if the K-ICS ratio fell below 150% following the early redemption of subordinated bonds. Under the Proposed Amendments, these requirements are waived if the K-ICS ratio is at least 130% after redemption. If the ratio is below 130%, the condition relating to disadvantageous interest rates is eliminated. |
(2) |
Regulatory Requirements Related to Licensing: The K-ICS ratio standards* governing the licensing of new insurance products, guarantees of debts, capital reduction and subsidiary ownership have been adjusted to 130%. |
(3) |
Reserve Ratio Requirement for Surrender Refunds: Previously, if an insurer’s K-ICS ratio at the end of the preceding quarter was 150% or higher (subject to a stepwise decrease by 10% annually, from 200% in 2024 to 150% in 2029), the required reserve for surrender refunds could be reduced to 80% of the original debt minus market debt. Under the revised proposal, the trigger for this reduction is set to a K-ICS ratio of 130% (final standard by 2029), with an interim standard of 170% in 2025. |
2. |
Realization of Requirements for Release of Catastrophe Reserves |
(1) |
Removal of Current Net Loss and Insurance Business Loss Requirements: The requirements relating to net loss and insurance business loss, previously necessary for the release of catastrophe reserves, have been eliminated. As a result, insurers may now release catastrophe reserves by insurance type when a certain loss ratio is exceeded, even if the company as a whole does not post an operating loss on its financial statements. |
(2) |
Adjustment of Reserve Accumulation Requirements: The accumulation size of catastrophe reserves will be adjusted in a more realistic manner. These changes are expected to enhance the effective utilization of the reserve system and improve insurers’ capacity to pay dividends to shareholders. |
3. |
Expansion of Business Opportunities for Microinsurance Agencies and Subsidiaries, and Establishment of Foundation for Streamlined Complaint Handling |
(1) |
Expansion of Business Scope for Simple Non-Life Insurance Agencies: The permitted activities of “micro non-life insurance agencies” have been broadened. Previously restricted to selling non-life insurance products, these agencies are now also authorized to distribute life insurance products. |
(2) |
Expansion of Permissible Business Activities for Insurance Company Subsidiaries: Subsidiaries of insurance companies may now engage in the long-term rental housing business, as defined under the Special Act on Private Rental Housing, without prior approval or reporting. This measure is expected to facilitate insurance companies’ entry into new business fields and diversify their asset and liability management (“ALM”) strategies through long-term asset management. |
(3) |
Enhancement of Complaint Processing Efficiency: The association’s authority and procedures for handling simple complaints will be explicitly specified, thereby laying the groundwork for more efficient complaint resolution processes. |
The public comment period for the Proposed Amendments was opened from April 29, 2025, to June 9, 2025. On June 11, 2025, the Partial Amendment Notice to the Insurance Business Supervisory Regulations was approved. This approval immediately implemented a rationalized solvency ratio (K-ICS) recommendation – lowering the applicable threshold from 150% to 130% for purposes including subordinated bond prepayments and licensing. The revised requirements for the release of catastrophe reserves were also enacted.
Additionally, in the latter half of this year, the government plans to review: (i) the incorporation of core capital into K-ICS regulations, (ii) a detailed implementation plan for the discount rate adjustments for the 2026 – 2027 period, and (iii) actuarial assumptions under solvency standards. These reviews collectively aim to advance the solvency management framework for insurance companies. Accordingly, industry stakeholders are encouraged to actively provide their opinions on these proposed changes and to quickly adapt to the evolving regulatory environment by implementing proactive strategies to foster their business development.
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#Capital Regulation #Insurance Business Act #Insurance #2025 Issue 2 #Newsletter