상법상 준법지원인제도의 개선방안
Improvement of Compliance Officer System in Commercial Law
박한성(한국외국어대학교)
38권 4호, 131~148쪽
초록
Compliance control and compliance officer system was revised on April 14, 2011 and has been enforcedsince April 15, 2012. According to the new commercial law, many companies have argued there are currentlyaudit function already in place which overlap with compliance control, compliance officer system, and that theimplementation of the new systems increases the economic burden on the relevant companies. The purpose of this thesis is to find out the problems to be improved for raising effectiveness by searchingcompliance officer system in commercial law and to search the solution. This thesis suggests some ways howthis system operates effectively. First, compliance control and compliance officer system should be introduced to the listed companiesfollowed their scales. Second, it gives the company which adopt this system and reasonably design, implement,and enforce a positive incentive. Third, the range of compliance offer is not determined on law. I suggest thatthe requirement person who has sufficient knowledge and experience. And also, voluntary participation ofcompanies which are not included the mandatory company can be expected. In conclusion, I think that the continuous study is needed to minimize the problems about compliance officersystem through more review by preparing to the revision of commercial law.
Abstract
Compliance control and compliance officer system was revised on April 14, 2011 and has been enforcedsince April 15, 2012. According to the new commercial law, many companies have argued there are currentlyaudit function already in place which overlap with compliance control, compliance officer system, and that theimplementation of the new systems increases the economic burden on the relevant companies. The purpose of this thesis is to find out the problems to be improved for raising effectiveness by searchingcompliance officer system in commercial law and to search the solution. This thesis suggests some ways howthis system operates effectively. First, compliance control and compliance officer system should be introduced to the listed companiesfollowed their scales. Second, it gives the company which adopt this system and reasonably design, implement,and enforce a positive incentive. Third, the range of compliance offer is not determined on law. I suggest thatthe requirement person who has sufficient knowledge and experience. And also, voluntary participation ofcompanies which are not included the mandatory company can be expected. In conclusion, I think that the continuous study is needed to minimize the problems about compliance officersystem through more review by preparing to the revision of commercial law.
- 발행기관:
- 법학연구소
- 분류:
- 법학