우리나라 내부통제제도의 문제점과 개선방안에 관한 소고 (A Study on the Problems and Improvement of Internal Control System in Korea)

서지정보

· 발행기관 : 중앙법학회
· 수록지 정보 : 중앙법학 / 12권 / 1호 / 149 ~ 180페이지
· 저자명 : 김경석

초록

As the management of a company is always accompanied by the risk, the internal control that manages risk can be thought as a business management itself. In that compliance is weak in Korea, building an internal control system is important for the company law to manage risk and compliance with applicable laws and regulations Also, the requirement of building an internal control system stems from the corporate director's duty of oversight. As Korea should follow the trend of active movement for adapting for the fast changes surrounding company such as globalization, marketization, high-tech of the world economy, it cannot avoid the requirement of building an internal control system as a way of protecting investors.
Thus, considering the business environment in Korea where the risk management and compliance are not strong, the introduction of an internal control system is required for general companies. And these should be considered when it comes to the institutionalization.
First, the concept, object, and constituents of the commercial law should be based on the frame of the internal control in the COSO report. However, the improvement of effectiveness and efficiency of operations and compliance would be focused among those three topics of the internal report.
Second, if the internal control is legalized as a commercial law, the additional internal control for the financial institutions which is not necessary should be discarded.
Third, the internal control on a financial report should be modified with respect to the specific situation of Korea. In other words, the effectiveness evaluation report of an internal accounting manager should be changed to the effectiveness evaluation report of a manager. And the role and responsibility of the organization should be clarified on building and operating of the internal control system.
However, It should be noted that there is a limitation even if an internal control provide the reasonable assurance. Thus the effort to monitor and improve the system should be followed after building an internal control system.

영어초록

As the management of a company is always accompanied by the risk, the internal control that manages risk can be thought as a business management itself. In that compliance is weak in Korea, building an internal control system is important for the company law to manage risk and compliance with applicable laws and regulations Also, the requirement of building an internal control system stems from the corporate director's duty of oversight. As Korea should follow the trend of active movement for adapting for the fast changes surrounding company such as globalization, marketization, high-tech of the world economy, it cannot avoid the requirement of building an internal control system as a way of protecting investors.
Thus, considering the business environment in Korea where the risk management and compliance are not strong, the introduction of an internal control system is required for general companies. And these should be considered when it comes to the institutionalization.
First, the concept, object, and constituents of the commercial law should be based on the frame of the internal control in the COSO report. However, the improvement of effectiveness and efficiency of operations and compliance would be focused among those three topics of the internal report.
Second, if the internal control is legalized as a commercial law, the additional internal control for the financial institutions which is not necessary should be discarded.
Third, the internal control on a financial report should be modified with respect to the specific situation of Korea. In other words, the effectiveness evaluation report of an internal accounting manager should be changed to the effectiveness evaluation report of a manager. And the role and responsibility of the organization should be clarified on building and operating of the internal control system.
However, It should be noted that there is a limitation even if an internal control provide the reasonable assurance. Thus the effort to monitor and improve the system should be followed after building an internal control system.

참고자료

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