외국의 금융회사 내부통제에 관한 검토

After the 2000s, accounting scandal has been consistently happening not only domestically but internationally, which led the US to make its regulation stronger. In these current state of affaris, law abiding control criteria of the commercial law was modified to create a internal control standard of the former financial law and overall frame for internal control. Nevertheless, problems with internal control within the financial companies still continue, which leads to frequent financial damages of the customers. Thus, debate on the improvement of the current internal control regulations are continuing. In the United States of America, it has created a frame for internal control with the announcement of COSO report. In 2004 report, it announced a Enterprise Risk Management - Intergrated Framwork to increase the range of internal control, and in in 2002, it systemized internal control regulations by modifying the SOX (Sarbanes - Oxley Act) and specified internal control system by modifying the rules of SEC (Securities and Exchange Commission). According to the company laws, regulations regading internal control include, Model Business Corporation Act, Principles of Corporate Governance-Analysis and Recommendations of the American Law Institute, and guide of the Committee on Corporate Laws of American Bar Association. Especially in 2010, internal accusation regulation was The Wall Street Reform and Consumer Protection Act of 2010, which confirmed the regulation system of internal control. Also, England regulated internal control not by laws but by the Combined Code and report of various committees. In June 1998, it publicly announced Overall Standards that include model working regulations and appropriate dominating structure principles. Recently, Standards of Company Dominating Structure was also announced. Within this important reports include reports from Cadbury, Hampell, and Turnvell. And In the case of France, it implemented Internal Control Report system in August 2003 to create a frame of standards. In order to modernize the Financial Supervisory Authority, France combined the Securities Exchange Commission and Civil Supervision Organization. This Financial Supervisor Organization announced internal control regulations in May 2006, and it was modified under EU's guide to establish an internal control system in France. In Japan, it legalized the fundamental regulations of internal control of company laws, and created a internal control system of financial companies in the product trade law. Compared to our laws, Japan's legalized law is on the principles of internal control of the company laws, not on the financial trade law. Therefore, in regards of the internal control system, financial companies are affected from the internal control system just like normal business companies. In the case of financial companies, they effectively regulate the internal control system through the financial product trade law such as obligating the profit-collision management system.