애스크로AIPublic Preview
← 학술논문 검색
학술논문성균관법학2010.12 발행KCI 피인용 1

내부통제제도에 관한 소고 - 금융기관의 내부통제제도를 중심으로 -

A Study on the Internal Control System - Focused on financial institution's internal control system -

서지민(성균관대학교); 최준선(성균관대학교)

22권 3호, 847~870쪽

초록

Internal control is a process to bring effectiveness and efficiency of operation in corporate management activities and company’s business works lawfully by accepting internal appropriate supervision about internal decisions and management of business. Since the global financial crisis,each countries-involving not only USA but also Japan and other- have tried to secure legality and transparency of management continually. For the case of USA, they tightened up the internal control system through enactment the Sarbanes-Oxley Act; SOX law) and Japan tightened up the inspection function as to stipulate the internal control system as positive law. In the case of Korea, there was no fully understanding about internal control system when we accepted it so it is true that we couldn’t handle it for its purpose. Since the internal control system about financial institution is introduced firstly, now we have been placing the internal control system for just some companies. Especially, the internal control system for financial institution is the part required protection for investor through reinforcement the compliance of the people engaged in financial business based on distinctiveness of business works. Proper regulation is required for efficient market management, but excessive regulation is rather to make obstacle market development. So, there’s need to build the internal control system as an institutional strategy to prevent the violation of laws and to head off the harmful effect for deregulation. To build these internal control systems, the financial institution authorizes compliance officer to have rights and responsibilities about compliance. So, compliance officer works to decide the basic process and standard to be followed by employee to do their job, and enquiries violations of standards. Business management always involves risk, so the internal control to administrate risk is itself the business management. In our country, except vulnerable compliance, to build the internal control system carries an important meaning for management of risk and securing of compliance. This paper searches the process of development of internal control system in all of the countries and then thinks about the problem and its solution focused on compliance officer system. However the most important thing is the will to operate the system not to try to build up the system. Even through the perfect internal control system is introduced,the internal control just offers reasonable guarantee and we should clearly realize that there are some limitations. Therefore, I think it is not the end just to build the internal control system, but there always needs to try supervising constructed internal control system.

Abstract

Internal control is a process to bring effectiveness and efficiency of operation in corporate management activities and company’s business works lawfully by accepting internal appropriate supervision about internal decisions and management of business. Since the global financial crisis,each countries-involving not only USA but also Japan and other- have tried to secure legality and transparency of management continually. For the case of USA, they tightened up the internal control system through enactment the Sarbanes-Oxley Act; SOX law) and Japan tightened up the inspection function as to stipulate the internal control system as positive law. In the case of Korea, there was no fully understanding about internal control system when we accepted it so it is true that we couldn’t handle it for its purpose. Since the internal control system about financial institution is introduced firstly, now we have been placing the internal control system for just some companies. Especially, the internal control system for financial institution is the part required protection for investor through reinforcement the compliance of the people engaged in financial business based on distinctiveness of business works. Proper regulation is required for efficient market management, but excessive regulation is rather to make obstacle market development. So, there’s need to build the internal control system as an institutional strategy to prevent the violation of laws and to head off the harmful effect for deregulation. To build these internal control systems, the financial institution authorizes compliance officer to have rights and responsibilities about compliance. So, compliance officer works to decide the basic process and standard to be followed by employee to do their job, and enquiries violations of standards. Business management always involves risk, so the internal control to administrate risk is itself the business management. In our country, except vulnerable compliance, to build the internal control system carries an important meaning for management of risk and securing of compliance. This paper searches the process of development of internal control system in all of the countries and then thinks about the problem and its solution focused on compliance officer system. However the most important thing is the will to operate the system not to try to build up the system. Even through the perfect internal control system is introduced,the internal control just offers reasonable guarantee and we should clearly realize that there are some limitations. Therefore, I think it is not the end just to build the internal control system, but there always needs to try supervising constructed internal control system.

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.17008/skklr.2010.22.3.029
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
내부통제제도에 관한 소고 - 금융기관의 내부통제제도를 중심으로 - | 성균관법학 2010 | AskLaw | 애스크로 AI