애스크로AIPublic Preview
← 학술논문 검색
학술논문法學論文集2016.04 발행KCI 피인용 1

자금세탁방지제도 상의 실제소유자 확인의무에 대한 연구

A study on due diligence for beneficial owner of Anti - Money Laundering

전한덕(한국외국어대학교)

40권 1호, 237~272쪽

초록

Recently ACT ON REPORTING AND USING SPECIFIC FINANCIAL TRANSACTION INFORMATION was amended as a reinforcement activity of Anti-Money Laundering and the revised act is already in the process of being implemented since January 1, 2016. The large feature of the revised act is that the Customer Due Diligence of financial institution is strengthened. That is, by the revised act, the financial institution must identify and verify the "beneficial owner" of the customer. By the revised act the beneficial owner means the natural man who finally governs or controls the customer(natural man or corporate body or organization). Especially, the revised act is regulating complex rules in case the customer is corporate body or organization. As the revised act, the natural man who is holding controlling interests up to 25% of the corporate body or organization, substantially controlling the corporate body or organization by other means beside the controlling interests, etc. are the beneficial owner of the customer. The enhanced customer due diligence is necessary to block every criminal behavior just like international terrorism which is increasingly cruel and widely occurred. However, with the enhanced due diligence, the financial institution has to undertake work overlord. And in the process of collection of the individual information, personal privacy invasion problem would be arised. In this study I would check the customer due diligence of AML, the main contents and problems of the recently revised ACT ON REPORTING AND USING SPECIFIC FINANCIAL TRANSACTION INFORMATION and suggest the rational improvement plan.

Abstract

Recently ACT ON REPORTING AND USING SPECIFIC FINANCIAL TRANSACTION INFORMATION was amended as a reinforcement activity of Anti-Money Laundering and the revised act is already in the process of being implemented since January 1, 2016. The large feature of the revised act is that the Customer Due Diligence of financial institution is strengthened. That is, by the revised act, the financial institution must identify and verify the "beneficial owner" of the customer. By the revised act the beneficial owner means the natural man who finally governs or controls the customer(natural man or corporate body or organization). Especially, the revised act is regulating complex rules in case the customer is corporate body or organization. As the revised act, the natural man who is holding controlling interests up to 25% of the corporate body or organization, substantially controlling the corporate body or organization by other means beside the controlling interests, etc. are the beneficial owner of the customer. The enhanced customer due diligence is necessary to block every criminal behavior just like international terrorism which is increasingly cruel and widely occurred. However, with the enhanced due diligence, the financial institution has to undertake work overlord. And in the process of collection of the individual information, personal privacy invasion problem would be arised. In this study I would check the customer due diligence of AML, the main contents and problems of the recently revised ACT ON REPORTING AND USING SPECIFIC FINANCIAL TRANSACTION INFORMATION and suggest the rational improvement plan.

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.22853/caujls.2016.40.1.237
분류:
기타법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
자금세탁방지제도 상의 실제소유자 확인의무에 대한 연구 | 法學論文集 2016 | AskLaw | 애스크로 AI