내부통제와 준법지원인제도 (Internal control system and compliance officer)

서지정보

· 발행기관 : 중앙법학회
· 수록지 정보 : 중앙법학 / 13권 / 2호 / 285 ~ 318페이지
· 저자명 : 김강수

초록

Companies can develop serious regulatory and 1ega1 prob1ems when they have breakdowns in interna1 contro1s. The pain of non-compliance and recent high profile compliance failures have caused companies to budget more money to proactive1y address those types of prob1ems. Compliance programs are a species of internal controls. typically a tai10red set of devices to meet externally-imposed non-financial mandates.
A study on the prob1ems and solutions of internal contro1 system and compliance officer is as follows. First. with regard to the scope of interna1 contro1 system and compliance's ro1e. interna1 control system can be devide financial and non-financia1 controls, to manage risk and compliance can be comprised in non-financia1 control.
Second, efficient compliance program can be secured through the compliance officer' s independence and expertise. an objective standard for the ro1e of compliance officer and an audit or audit committee should be showed. Third, compliance must have the position and situation who can cope with externa1 or interna1 pressure. it is necessary to make adopt compliance system by compu1sion. but it is desirable to use the way which the corporation established compliance program can be remitted a fine.
This article makes a study on the propriety of introduction of 'internal control system' and 'compliance officer'. The detailed assertions of the article are as follows. First, in regard of the compliance officer, the officer had better be separated from the legal and audit departments, and the officer needs to be under control by a board instead of an internal auditor. Besides, the compliance officer is recommended to be separated from a person directly in charge of the compliance work. In the case, the paper suggests that there be no qualification on the compliance officer, but the person in charge of the compliance affairs be a lawyer including a foreign lawyer.
Second, with regard to the scope of the system and a legal basis, the scope of the internal control system for a listed company needs to be limited to the compliance of laws and regulations excluding risk management operation. Also, the internal control system had better be obligated not by a statute but by a more flexible rule of Korea Exchange. Third, the study shows how much important the incentives are for more adoption of the compliance system by listed companies by introducing good examples of other countries.

영어초록

Companies can develop serious regulatory and 1ega1 prob1ems when they have breakdowns in interna1 contro1s. The pain of non-compliance and recent high profile compliance failures have caused companies to budget more money to proactive1y address those types of prob1ems. Compliance programs are a species of internal controls. typically a tai10red set of devices to meet externally-imposed non-financial mandates.
A study on the prob1ems and solutions of internal contro1 system and compliance officer is as follows. First. with regard to the scope of interna1 contro1 system and compliance's ro1e. interna1 control system can be devide financial and non-financia1 controls, to manage risk and compliance can be comprised in non-financia1 control.
Second, efficient compliance program can be secured through the compliance officer' s independence and expertise. an objective standard for the ro1e of compliance officer and an audit or audit committee should be showed. Third, compliance must have the position and situation who can cope with externa1 or interna1 pressure. it is necessary to make adopt compliance system by compu1sion. but it is desirable to use the way which the corporation established compliance program can be remitted a fine.
This article makes a study on the propriety of introduction of 'internal control system' and 'compliance officer'. The detailed assertions of the article are as follows. First, in regard of the compliance officer, the officer had better be separated from the legal and audit departments, and the officer needs to be under control by a board instead of an internal auditor. Besides, the compliance officer is recommended to be separated from a person directly in charge of the compliance work. In the case, the paper suggests that there be no qualification on the compliance officer, but the person in charge of the compliance affairs be a lawyer including a foreign lawyer.
Second, with regard to the scope of the system and a legal basis, the scope of the internal control system for a listed company needs to be limited to the compliance of laws and regulations excluding risk management operation. Also, the internal control system had better be obligated not by a statute but by a more flexible rule of Korea Exchange. Third, the study shows how much important the incentives are for more adoption of the compliance system by listed companies by introducing good examples of other countries.

참고자료

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