상법상 준법지원인제도의 문제와 해결

Compliance officer system was revised on April 2011 and has been enforced since April 2012. And under this system, sizable listed companies should have compliance officers obligatorily. As introducing compliance officer system, the needs to supplement the system such as the necessity securing independence and effectiveness to the activities of compliance officer system, insufficiency of charging parts, problem suggestion due to the imbalance with other internal control system including compliance monitoring system have been suggested. Therefore, the purpose of this study is to find out the problems to be improved for raising effectiveness by searching compliance officer system in commercial law and to search the solution to this. We have suggested the improvements such as the necessity of quality improvement through reinforcing of qualification in relevant with legal position of compliance officer and re-training to compliance officer (lawyer), the preparation of compensation claim system against the dismissal of compliance officer, the restriction of tenure and additional job of compliance officer, the transition of compliance officer system into voluntary selection system, and the functional repetitive relation between compliance officer system and compliance monitoring officer system, the extended incentive and systematic supplements for vitalization of compliance officer system, and the plan to secure the independence of compliance officer. We also discussed that the continuous study is needed to minimize the problems about compliance officer system through more close review by preparing to the revision of commercial law.