효과적인 컴플라이언스 기능 운영에 관한 소고

Although it has been 10 years since the comprehensive compliance system has been adopted through the amendment in the financial law, the market remains to show a sentiment of anxiety regarding the current inefficient compliance system. Although there are many reasons for this, most fundamentally, this attitude seems to stem from a lack of balanced understanding about the compliance function. Compliance in western financial institutions has been perceived as a rational process to evaluate whether directors and high-level executives faithfully practiced the compliance regulations. However in Korea, compliance in practice has been formalistic and minimal focused on a micro-level practice, such as operational control and control of employee actions. The difference in perception has been led by insufficient guideline for regulation authority and compliance officer system in creating a successful and effective management system. Correspondingly, research institutions and academia also showed a shortfall of research for theoretical and practical reference. These factors together resulted in the state of compliance today. In order to have proper understanding of compliance practice, a comprehensive theoretical understanding and practical experience of corporate governing structure, principles of business judgment, federal concession guidelines, the concept of risk management and the COSO report and other factors are a prerequisite. To reflect the legislative intent in the compliance officer system, comprehensive study and evaluation of theoretical background, private law, practical approach, and the perceptive fragmentary amendments to related regulations. In addition, preparation of financial regulation institute guideline and compliance maintenance practice and must be accompanied with actual investigation. In effort to draw attention to the institutional environment and management system of the compliance system, the following issues will be discussed in the report: summary and evaluation of the theoretical background of compliance and practical risks of compliance practices, review the accordance level of the major issues related to compliance regulation system and scope of the compliance officer’s power to the legislative intent, define and classify each department and operational function under the comprehensive definition of compliance, thoroughly summarize and review features of U.S. compliance guideline with legal status.