회사의 내부고발을 통한 감사기능의 강화 - 미국 SOX규정의 검토를 중심으로 -

Much has been written about the audit committee's role in the corporate governance structure and problems and reformative ways of the audit committee. The focus, however, has largely been on the audit's role of independence in the boardroom and in determining liability. This article aims that why the audit committee and compliance programs work well. It concludes that problem stems from the flow of information which the management gives to the audit committee. The article tries to slove this problem through implementing the whistleblowing provision such as SOX section 301. The article does not engage in the debate about whether independent directors are good or bad, important or unimportant. The goal of the article is to define that efficient role of the audit committee in the context of corporation related laws and regulations and to provide insight into the types of situations to which the law making institution and regulators might turn their attention. The article reveals an existing provisions supporting a management monitoring role for audit committee. To do so, the article points to SOX whistle blowing provisions indicating how these provisions work well to prevent accounting frauds happened in the depth of the corporation.