자본시장 회계정보전달자로서 외부감사인의 손해배상책임제도에 관한 연구

Financial Investment and Capital Markets Act provides that a certified public accountant concerned with issuing securities shall be liable for damages inflicted upon any person as a result of acquiring securities by including a false description or representation (or omission) of any material fact in a registration statement and an investment prospectus. Provided,That such person shall not be liable only if he/she proves that he/she was unable to discover such inclusion or omission even if he/she exercised reasonable care or that the person who acquired the securities knew the fact at the time when he/she made an offer to acquire them. And this principle shall apply to the liability for damages in trading (or disposing)market. Namely, a certified public accountant concerned with securities markets shall always take charge of burden of proof. But informations available in the trading (or disposing) market are various and almost inexhaustible. Especially for the prevention of the moral hazard of investors, the burden of proof in trading market shall be charged to the plaintiff.